Case 1:20-cv-02142-TWP-TAB Document 1 Filed 08/13/20 Page 1 of 5 PageID #: 1
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`INDIANAPOLIS DIVISION
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`MARY BUSSING,
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`Plaintiff,
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`vs.
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`TYSON FOODS, INC and
`WAL-MART STORES EAST, LP
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`Defendants.
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`) Cause No: 1:20-cv-2142
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`PLAINTIFF’S COMPLAINT FOR DAMAGES
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`Plaintiff, Mary Bussing, by counsel, for her cause of action against the Defendants, Tyson
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`Foods, Inc. (“Tyson”) and Wal-Mart Stores East, LP (“Walmart”), hereby states as follows:
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`PARTIES, JURISDICTION, AND VENUE
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`1.
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`Plaintiff, Mary Bussing, is a citizen of the State of Indiana, residing in Indianapolis,
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`Indiana in Marion County.
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`2.
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`Defendant Tyson Foods, Inc. (“Tyson”) is incorporated under the laws of the State
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`of Delaware, with its Corporate Office located at 2200 W. Don Tyson Parkway, Springdale,
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`Arkansas, making it a citizen of Arkansas.
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`3.
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`Defendant Tyson was a corporation doing business and selling/producing products
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`in the State of Indiana.
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`4.
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`Defendant Wal-Mart Stores East, LP (“Walmart”) is incorporated under the laws
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`of the State of Delaware, with its principal place of business at 708 SW 8th Street, Bentonville,
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`Arkansas, making it a citizen of Arkansas.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`INDIANAPOLIS DIVISION
`
`
`MARY BUSSING,
`
`Plaintiff,
`
`vs.
`
`TYSON FOODS, INC and
`WAL-MART STORES EAST, LP
`
`Defendants.
`
`)
`)
`)
`)
`) Cause No: 1:20-cv-2142
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`PLAINTIFF’S COMPLAINT FOR DAMAGES
`
`Plaintiff, Mary Bussing, by counsel, for her cause of action against the Defendants, Tyson
`
`Foods, Inc. (“Tyson”) and Wal-Mart Stores East, LP (“Walmart”), hereby states as follows:
`
`PARTIES, JURISDICTION, AND VENUE
`
`1.
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`Plaintiff, Mary Bussing, is a citizen of the State of Indiana, residing in Indianapolis,
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`Indiana in Marion County.
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`2.
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`Defendant Tyson Foods, Inc. (“Tyson”) is incorporated under the laws of the State
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`of Delaware, with its Corporate Office located at 2200 W. Don Tyson Parkway, Springdale,
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`Arkansas, making it a citizen of Arkansas.
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`3.
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`Defendant Tyson was a corporation doing business and selling/producing products
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`in the State of Indiana.
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`4.
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`Defendant Wal-Mart Stores East, LP (“Walmart”) is incorporated under the laws
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`of the State of Delaware, with its principal place of business at 708 SW 8th Street, Bentonville,
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`Arkansas, making it a citizen of Arkansas.
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`
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`Case 1:20-cv-02142-TWP-TAB Document 1 Filed 08/13/20 Page 2 of 5 PageID #: 2
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`5.
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`Defendant Walmart did business in Indiana operating a Walmart Neighborhood
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`Market (Facility #5804) located at 5835 W. 10th Street, Indianapolis, IN 46224 (hereinafter
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`“Neighborhood Market”).
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`6.
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`7.
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`Defendant Tyson sold its products at Defendant Walmart’s Neighborhood Market.
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`This Court has jurisdiction pursuant to 28 U.S.C. § 1332 in that there is complete
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`diversity of citizenship and the amount in controversy exceeds $75,000.00, exclusive of interest
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`and costs.
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`SUMMARY OF FACTS
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`8.
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`On September 12, 2018, Plaintiff, Mary Bussing, purchased Tyson ground beef
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`(hereinafter “the Food”) from the Walmart Neighborhood Market.
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`9.
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`On September 13, 2018, Plaintiff, Mary Bussing prepared the Food she had
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`purchased the day before.
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`10.
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`On September 15, 2018, following consumption of the food, Mary Bussing began
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`having health issues and was admitted into the hospital the following day and remained there for
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`six (6) days for medical treatment.
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`11.
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`As a direct result of the Food manufactured/produced by Tyson and sold by Wal-
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`Mart Plaintiff was diagnosed with sepsis secondary to colitis secondary to enterohemorrhagic
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`Escherichia coli (“E-coli”).
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`COUNT I – STRICT LIABILITY OF TYSON FOODS, INC.
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`12.
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`The Plaintiff reasserts, realleges, and incorporates paragraphs one (1) through
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`eleven (11) herein by reference.
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`13.
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`Defendant Tyson’s Food contained E-coli at the time it was sold.
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`2
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`Case 1:20-cv-02142-TWP-TAB Document 1 Filed 08/13/20 Page 3 of 5 PageID #: 3
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`14.
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`Defendant Tyson sold the Food in a defective condition unfit for consumption to
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`its customer, Plaintiff, Mary Bussing.
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`15.
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`Defendant Tyson’s Food reached the consumer without substantial alteration from
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`the time of production to the time it was sold.
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`16.
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`Plaintiff, Mary Bussing, was in the class of persons that defendant Tyson should
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`reasonably have foreseen as being subject to harm caused by the contaminated Food, and the
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`Food was expected to and did reach the plaintiff, Mary Bussing.
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`17.
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`Defendant Tyson is in the business of producing and selling meat and other food
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`products, and was the producer/manufacturer of the Food.
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`18.
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`As a direct and proximate result of the contaminated Food sold by defendant,
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`Tyson, plaintiff, Mary Bussing, developed enterohemorrhagic Escherichia coli, sustained severe
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`injuries, incurred medical expenses, lost wages, endured pain and suffering, and will continue to
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`incur such losses in the future.
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`WHEREFORE, plaintiff, Mary Bussing, prays for judgment against defendant Tyson in
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`an amount which will fully and fairly compensate plaintiff for her injuries and damages, for costs
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`of this action, for interest as allowed by law, and for all other relief just and proper in the
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`premises.
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`COUNT II – NEGLIGENCE OF DEFENDANT TYSON
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`19.
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`Plaintiff reasserts and realleges the information contained in rhetorical paragraphs
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`one (1) through eighteen (18) and reincorporates them herein by reference.
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`20.
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`Defendant Tyson, through its agents and employees, was careless and negligent in
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`failing to ensure proper food safety practices were followed, with said negligence including, but
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`not limited to, the following:
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`3
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`Case 1:20-cv-02142-TWP-TAB Document 1 Filed 08/13/20 Page 4 of 5 PageID #: 4
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`a.
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`b.
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`c.
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`d.
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`e.
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`Failure to use reasonable care in handing its food products;
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`Selling food contaminated with E-coli;
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`Failing to use reasonable care in preparing its food products;
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`Failure to use reasonable care in packaging its food products; and
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`Failure to use reasonable care to inspect its food products to ensure that
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`said food products were fit and safe for consumption.
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`21.
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`As a direct and proximate result of the negligence of defendant Tyson, plaintiff,
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`Mary Bussing, sustained severe and permanent injuries, incurred medical expenses, lost wages,
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`endured pain and suffering, and will continue to incur such losses in the future.
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`WHEREFORE, plaintiff, Mary Bussing, prays for judgment against defendant Tyson in
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`an amount which will fully and fairly compensate plaintiff for her injuries and damages, for costs
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`of this action, for interest as allowed by law, and for all other relief just and proper in the
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`premises.
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`COUNT III – NEGLIGENCE AND LIABILITY OF DEFENDANT WALMART
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`22.
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`Plaintiff reasserts and realleges rhetorical paragraphs one (1) through twenty-one
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`(21) and reincorporates them herein by reference.
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`23.
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`Defendant Walmart sold contaminated food to customers, including Mary
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`Bussing, at the Neighborhood Market.
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`24.
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`Defendant Walmart, through its agents and employees, was careless and negligent
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`in failing to ensure proper food safety practices were followed, with said negligence including,
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`but not limited to, the following:
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`a.
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`Failure to use reasonable care in handing its food products sold at the
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`Neighborhood Market;
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`4
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`Case 1:20-cv-02142-TWP-TAB Document 1 Filed 08/13/20 Page 5 of 5 PageID #: 5
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`b.
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`c.
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`d.
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`Selling food contaminated with E-coli;
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`Failing to use reasonable care in the sale of food products;
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`Failure to use reasonable care in refrigeration and preservation of its food
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`products; and
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`e.
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`Failure to use reasonable care to inspect its food products to ensure that
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`said food products were fit and safe for sale and consumption.
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`25.
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`As a direct and proximate result of the negligence of defendant Walmart, plaintiff,
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`Mary Bussing, sustained severe and permanent injuries, incurred medical expenses, lost wages,
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`endured pain and suffering, and will continue to incur such losses in the future.
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`WHEREFORE, plaintiff, Mary Bussing, demands judgment in her favor and against
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`defendant Walmart in a fair and reasonable amount and for all other relief just and proper in the
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`premises.
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`Respectfully submitted,
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`/s/ Christopher G. Stevenson__________
`Christopher G. Stevenson, #24689-49
`Wilson Kehoe Winingham LLC
`2859 North Meridian Street
`Indianapolis, IN 46208
`TEL: (317) 920-6400
`FAX: (317) 920-6405
`E-MAIL: cstevenson@wkw.com
`Attorney for Plaintiff
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`5
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