PITTSBURGH -- Customers sickened during a salmonella outbreak linked to tomatoes sold in several states have settled more than 80 lawsuits in recent weeks, and attorneys agreed to delay a filing deadline in hopes that others might settle.
June 24marked the two-year anniversary of the outbreak in Pennsylvania, Ohio, West Virginia and six other states where more than 400 people became ill. Ordinarily, that would also be the statute of limitations, but attorneys for Sheetz Inc.which sold the tomatoes in some of its sandwiches at its convenience storesits [image-nocss] customers and various insurance companies involved have agreed to extend the deadline to July 21, said the Associated Press.
Basically, Sheetz and we want to resolve the claims without having to file lawsuits, said Bill Marler, the Seattle attorney who represents 139 of those who were sickened.
Federal investigators traced the salmonella-tainted Roma tomatoes to a Florida packing house, but said nothing was done wrong there to taint them. The federal investigation also absolved Altoona, Pa.-based Sheetz and the tomato wholesaler, Coronet Foods Inc., of Wheeling, W.Va. But under Pennsylvania's strict liability laws, both can still be sued because they sold the tomatoes. Coronet shut down in October 2004 and filed for bankruptcy in November 2004.
Nobody died in the outbreak. Most plaintiffs were sick for several days or weeks and sought damages for everything from medical bills to ruined vacations and embarrassment. Some reported serious injuries, including nerve damage from intravenous tubes inserted to combat dehydration, continuing bouts with irritable bowel syndrome and arthritis, Marler said.
Marler said individual settlement amounts are confidential. Michael Cortez, Sheetz's vice president and general counsel, said Thursday he could not immediately determine how much the company paid its customers overall. With respect to our customers, we've determined they will get paid, Cortez said. And the rest of the debate as to who bears that ultimate responsibility will be held at a later date.
Besides Marler's cases, Sheetz has settled 600 claims out of court, ranging from people who got ill to customers who were simply concerned about becoming sick. Most people contacted the company through a toll-free hot line, Cortez said. Another 100 customers represented by other attorneys have either settled cases or were still mulling lawsuits, Sheetz attorney Chris Lee said.
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