PHILADELPHIA – A French plaintiff has launched a lawsuit against a Philadelphia grocery chain and a Baltimore bakery for a number of commercial violations, centered on a box of moldy English Muffins which she says made her ill.
Allou Bensalem of Combs La Ville, France filed suit in the Philadelphia County Court of Common Pleas on Sept. 5 versus The Fresh Grocer of Philadelphia and Schmidt Baking Company, of Baltimore, Md.
The lawsuit says on or about Sept, 18, 2015, The Fresh Grocer offered for sale English Muffins from defendant Schmidt Baking Company, which Bensalem, who was visiting the United States, purchased. On the morning of Sept. 20, 2015, Bensalem took one of the English Muffins from the box, toasted it and ate it, the lawsuit says.
After Bensalem consumed the English Muffin, she claims to have had a fever and “became nauseous, had an allergic reaction, and was extremely ill.” At that time, Bensalem discovered that English Muffins in the bottom of the box were moldy and discolored, she says.
Still feeling ill, Bensalem allegedly attempted to wait out the illness and went to The Fresh Grocer to show them the moldy English Muffins. While in The Fresh Grocer, Bensalem became seriously ill on the spot and The Fresh Grocer’s manager called 911, the lawsuit says.
Bensalem was taken to the hospital, where she was examined and prescribed medication that cost hundreds of dollars, which she says she could not afford, the lawsuit says. Bensalem averred she incurred large medical bills from the ambulance ride and hospital stay, and “experienced great pain and suffering as a result of defendants’ unlawful conduct.”
For counts of strict liability, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), negligence and breach of warranty, the plaintiff is seeking damages not exceeding $50,000, plus such other relief as this Court deems just and proper.
The plaintiff is represented by Timothy P. Creech of Creech & Creech, in Philadelphia.
Philadelphia County Court of Common Pleas case 170900186
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com