MEDIA – A woman claims she was sickened by a meal she purchased at a Montgomery County Wawa, and has filed damages against the convenience store chain at large, the individual branch location and its employees.
Jacqueline Simpson of Philadelphia filed suit in the Delaware County Court of Common Pleas on July 19 versus Wawa, Inc. of Media, Wawa No. 97 of Lafayette Hill and John Does 1-10 of Wilmington, Del.
“At all times relevant to this complaint, defendants owned, operated, maintained, controlled and/or possessed, individually and through their respective agents, the Wawa facility No. 97, located at 406 Germantown Pike Lafayette Hill, PA 19444. On or about Nov. 30, 2022, plaintiff, a business invitee, was lawfully upon the premises,” the suit says.
“At all times relevant herein, specifically, on or about Nov. 30, 2022, plaintiff purchased and consumed a meal consisting of Toasted Tuna on wheat, together with tomato basil bisque soup, that was prepared and offered for consumption by defendants at its restaurant located in Lafayette Hill, Pennsylvania. As a direct and proximate result of consuming the meal prepared and offered for consumption by defendants, plaintiff suffered serious illness and injury, including complications of infection, requiring medical care and urgent care.”
The suit adds that at all times herein relevant and on or about Nov. 30, 2022, the meal purchased and consumed by the plaintiff was contaminated with illness-producing bacteria when and while it was in the control of the defendants.
Per the litigation, the defendants failed to use safe and proper food storage, preparation and handling practices, failed to use safe and proper food inspection and handling practices and failed to adequately and/or safely prepare the meal for human consumption.
“As a direct and proximate result of one or more of the foregoing acts or omissions on the part of the defendants, the plaintiff was, on or about Nov. 30, 2022, caused to ingest and/or consume the meal contaminated with illness-producing bacteria, and suffered injuries of a personal and pecuniary nature,” the suit states.
For counts of negligence, strict liability and breach of warranty of wholesomeness, the plaintiff is seeking damages in excess of $50,000, plus such other and further relief as the Court deems just and proper under the circumstances, including interest, costs and delay damages.
The plaintiff is represented by Michael T. van der Veen and Jerry A. Lindheim of van der Veen Hartshorn & Levin, in Philadelphia.
The defendant has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-006099
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com