Couple claims Fieldbrook, Giant Eagle sold contaminated ice cream bars

By Noddy A. Fernandez | Jul 10, 2018

PITTSBURGH — A couple is suing Fieldbrook Foods Corp. and Giant Eagle Inc., citing alleged breach of implied warranty and strict liability.

Paul Lawrence Stutz and Gail Jean Stutz filed a complaint in the Court of Common Pleas of Allegheny County, alleging that the defendants manufactured and sold an ice cream bar that was not fit for human consumption and contaminated.

According to the complaint, Paul Stutz allegedly developed a fever, weakness, diarrhea and an altered mental state after eating the defendants' Giant Eagle Orange Cream Bars on July 1, 2017. After being admitted to an intensive care unit, the plaintiffs claim Stutz was diagnosed with listeria meningitis that affected his Humira treatment for Crohn's symptoms and underwent a laparoscopic total colectomy with an end ileostomy. 

The complaint said the infection allegedly resulted from a product possibly contaminated with Listeria monocytogenes, which can cause serious and sometimes fatal infections.

 As a result of his illness, the plaintiffs said Paul Stutz now has an increased risk of seizures and suffers from hydrocephalus and cognitive decline, making him unable to perform his daily activities as a husband. 

The plaintiffs said the defendants allegedly failed to provide adequate warnings about the potential danger associated with eating the ice cream bars, including warnings indicating that the food might contain pathogenic bacteria.

The plaintiffs request a trial by jury and seek a judgment in a sum in excess of the jurisdictional limits of arbitration, plus interest, costs and other relief the court deems appropriate. They are represented by Patrick Cavanaugh, Stephen Del Sole, Williams Stickman IV and Justin Romano of Del Sole Cavanaugh Stroyd LLC in Pittsburgh, Pennsylvania.

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Court of Common Pleas of Allegheny County Del Sole Cavanaugh Stroyd LLC

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