A shocking incident has led to a legal battle in Allegheny County, Pennsylvania, where a consumer claims severe injuries from consuming a contaminated food product. Eric Fitzgerald filed a complaint on March 25, 2024, against Frito-Lay North America, Inc., alleging negligence and breach of warranty after discovering glass shards in a jar of Tostitos Brand Mild Salsa.
According to the complaint filed by Eric Fitzgerald through his attorney J. Kerrington Lewis at the Court of Common Pleas of Allegheny County, Pennsylvania, the incident occurred on March 20, 2024. Fitzgerald purchased the salsa from a Rite-Aid store in Pittsburgh and consumed about 25% of it that evening. He later discovered that the salsa was adulterated with glass shards. The plaintiff claims this contamination led to multiple health issues including bleeding through his mouth, vomiting blood, severe abdominal pain, and even post-traumatic stress syndrome.
Fitzgerald's lawsuit accuses Frito-Lay North America of negligence for failing to ensure their product was safe for consumption. The complaint outlines several points where the defendant allegedly failed: "In failing to provide food that was safe for consumption," "By negligently preparing, handling, marketing or distributing adulterated food," and "In failing to adequately supervise its personnel." The plaintiff argues that these failures directly caused his injuries and ongoing suffering.
The lawsuit also claims a breach of implied warranty under Pennsylvania’s Uniform Commercial Code Section 2-314. It asserts that Frito-Lay impliedly warranted the salsa as fit for human consumption when it was not. Furthermore, Fitzgerald holds Frito-Lay strictly liable under Restatement (Second) of Torts §402 for placing a defectively manufactured product into commerce.
Eric Fitzgerald is seeking judgment within the arbitration limits set by the Court of Common Pleas of Allegheny County. He demands compensation for medical expenses incurred due to his injuries—both past and future—as well as lost wages and damages for pain and suffering. Additionally, he seeks relief for emotional distress and loss of enjoyment of life caused by this traumatic experience.
Representing Eric Fitzgerald is attorney J. Kerrington Lewis from Lewis, Lewis & Reilly law firm based in Pittsburgh. The case ID is VPDD008S385F40525-, filed in the Civil Division Arbitration docket at the Court of Common Pleas of Allegheny County.