PHILADELPHIA – A judgment of nonsuit has been found in favor of a Philadelphia grocery chain and a Baltimore bakery and against a French plaintiff who claimed that a box of moldy English Muffins sold and manufactured by the defendants made her seriously ill.
Circumstances of nonsuit may take place when a plaintiff has failed to prove their claim to a court's satisfaction, and the case is dismissed without prejudice so as not to prevent the possibility of future refiling.
On March 25, Philadelphia County Court of Common Pleas Lori A. Dumas entered the judgment of nonsuit for The Fresh Grocer of Philadelphia and Schmidt Baking Company of Baltimore and against Fatima Hadj Cherif of Combs La Ville, France.
Cherif first filed suit in the Philadelphia County Court of Common Pleas on Sept. 5, 2017 versus both defendants.
The lawsuit said on or about Sept, 18, 2015, The Fresh Grocer offered for sale English Muffins from defendant Schmidt Baking Company, which Cherif, who was visiting the United States, purchased. On the morning of Sept. 20, 2015, Cherif took one of the English Muffins from the box, toasted it and ate it, the lawsuit said.
After Cherif consumed the English Muffin, she claimed to have had a fever and “became nauseous, had an allergic reaction, and was extremely ill.” At that time, Cherif discovered that English Muffins in the bottom of the box were moldy and discolored, she said.
Still feeling sick, Cherif 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, Cherif became seriously ill on the spot and The Fresh Grocer’s manager called 911, the lawsuit said.
Cherif 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. Cherif 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.”
Before judgment and for counts of strict liability, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, negligence and breach of warranty, the plaintiff was seeking damages not exceeding $50,000, plus such other relief as this Court deems just and proper.
The plaintiff was represented by Timothy P. Creech of Creech & Creech, in Philadelphia.
The defendants were represented by Thomas J. Bradley and Erin Train of McBreen & Kopko in Philadelphia, plus Darren L. Harrison and John M. Campbell of Cipriani & Werner, in Philadelphia and Blue Bell.
Philadelphia County Court of Common Pleas case 170900186
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com