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Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 1 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 1 of 15
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF MASSACHUSETTS
`
`EASTERN DIVISION
`
`
`
`)
`RITA MASTERS and ROBERT MASTERS)
`Plaintiffs
`
`DOCKET NO.:
`
`Vs.
`
`'-_.'vvvvvvvv
`
`
`
`CRACKER BARREL OLD COUNTRY
`
`STORE, INC. and
`ROSE ACRE FARMS, INC,
`Defendants
`
`COMPLAINT AND DEMAND FOR JURY TRIAL
`
`PARTIES
`
`. Plaintiffs, Rita Masters (“Plaintiff Ms. Masters”) is a natural person who has a principal
`
`place of residence at 396 North Billerica Road, Tewksbury, Massachusetts.
`
`Plaintiff, Robert Masters (“Plaintiff Mr. Masters”) is a natural person and the spouse of
`
`“PlaintiffMs. Masters” and has a principal place of residence at 396 North Billerica Road,
`
`Tewksbury, Massachusetts.
`
`Defendant, Cracker Barrel Old Country Store, Inc. (“Defendant Cracker Barrel”) is a
`
`corporation incorporated under the laws of the State of Tennessee with a principal place of
`
`business located at 1 Hartman Drive, Lebanon, Tennessee.
`
`Defendant, Rose Acre Farms, Inc. (Defendant Rose Acre”) is a corporation incorporated
`
`under the laws of the State of Indiana with a principal place of business located at 1657 W.
`
`Tipton Street, Seymour, Indiana.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 2 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 2 of 15
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`JURISDICTION AND VENUE
`
`. Plaintiffs reallege and reaver the allegations contained in paragraphs 1 through 4 above and
`
`specifically incorporate them herein.
`
`.
`
`Jurisdiction is based upon diversity of citizenship of the parties and the amount in
`
`controversy exceeds, exclusive of interest and costs, the sum specified in 28 U.S.C., § 1332,
`
`and because there is complete diversity of citizenship between Plaintiffs and Defendants.
`
`
`FACTS
`
`. Plaintiffs reallege and reaver the allegations contained in paragraphs 1 through 6 above and
`
`specifically incorporate them herein.
`
`. Defendant, Cracker Barrel is a restaurant chain that owns all of its restaurant locations
`
`including Store #81 located in Roanoke Rapids, North Carolina.
`
`. Defendant, Rose Acre, upon information and belief, at all relevant times was the second
`
`largest egg producer in the United States with 17 egg production centers in 8 states, including
`
`its Hyde County facility in North Carolina.
`
`10. Defendant, Rose Acre, upon information and belief sells and distributes its eggs in interstate
`
`commerce to large grocery stores and restaurant chains, including Defendant, Cracker Barrel.
`
`Salmonella
`
`11. Salmonella is an enteric bacterium, which means that it lives in the intestinal tracts of human
`
`and other warm-blooded animals.
`
`12. Salmonella bacteria are usually transmitted to humans who consume foods contaminated
`
`with feces. Such foods usually look and smell normal, meaning that a consumer has no
`
`warning of the fact of contamination.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 3 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 3 of 15
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`13. Afier being ingested, Salmonella bacteria travel to the lumen of the small intestines then
`
`penetrate the epithelium, multiply, and enter the blood. This infection process - also referred
`
`to as the incubation period - usually takes 6 to 72 hours for the onset of symptoms.
`
`14. The acute symptoms of Salmonella gastroenteritis (or Salmonellosis) include nausea,
`
`vomiting, diarrhea, fever, abdominal cramping and/or stomach pain, dysuria, muscle pain,
`
`fatigue and dehydration.
`
`15. When severe infection occurs, hospitalization is required and Salmonella may spread from
`
`the intestines to the bloodstream and then to other body sites.
`
`16. Salmonella can be found in a variety of foods. In recent years, fecal contamination has led to
`
`large-scale Salmonella outbreaks linked to chicken/eggs. Those outbreaks include poultry
`
`from Foster Farms, Tyson Foods and Rose Acre Farms, Inc.
`
`17. From March 26, 2018 to April 11, 2018, the FDA conducted a thorough inspection of
`
`Defendant, Rose Acre’s Hyde County Farm and collected samples for testing and determined
`
`said facility to be the likely source of a multi—state Salmonella outbreak.
`
`18. During said inspections, the FDA found Defendant, Rose Acre in Violation of FDA’s egg
`
`safety rule, 2.CFR116, in violation of 402(a)(4) of the FD&C Act, 21 USC, Sec. 342(a)(4)
`
`“in that they have been prepared, packed, or held under insanitary conditions whereby they
`
`may have become contaminated with filth, or whereby they may have been rendered
`
`injurious to health”.
`
`19. On or about April 11, 2018, FDA inspector’s observations and deviations were submitted in
`
`writing (FDA-482) to Defendant, Rose Acre’s Complex Manager.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 4 of 15
`Case 1:21-cv-10583—NMG Document 1 Filed 04/08/21 Page 4 of 15
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`20. On or about April 13, 2018 (the same day Plaintiff, Ms. Masters, consumed eggs at
`
`Defendant, Cracker Barrel), Defendant, Rose Acre voluntarily recalled eggs produced at its
`
`Hyde County Facility.
`
`21. Upon information and belief, Defendant, Rose Acre distributed eggs to Defendant, Cracker
`
`Barrel Via a third party distributor on a weekly basis.
`
`22. On April 13, 2018, while in route to Myrtle Beach, South Carolina, Plaintiffs stopped for
`
`supper at Defendant, Cracker Barrel’s Store #81 in Roanoke Rapids, North Carolina.
`
`23. Plaintiff, Ms. Masters, ordered an egg breakfast known as “Sunrise Sampler”. She also
`
`ordered unsweetened ice tea. Plaintiff, Mr. Masters, ordered a “Fish Fry” and unsweetened
`
`ice tea.
`
`24. Prior to April 13, 2018, Plaintiff, Ms. Masters’, health was normal for a 73 year old woman.
`
`25. On or about April 14, 2018, at around 3-4 pm, Plaintiff, Ms. Masters began to feel poor, her
`
`stomach felt “in a knot”.
`
`26. Ms. Masters’ condition worsened with diarrhea starting in the early hours of April 15 and
`
`continued for approximately 3-4 days (April 18 - April 19, 2018). During this period of time,
`
`the Masters called Ms. Masters’ Primary Care Doctor’s Office (Dr. Drake) a couple of times
`
`(the first time being on April 15, 2018) regarding how to deal with Ms. Master’s diarrhea.
`
`27. Plaintiffs returned to Massachusetts on April 22, 2018.
`
`28. By letter dated April 24, 2018, “Plaintiff, Mr. Masters” notified “Defendant, Cracker Barrel”
`
`of “Plaintiff, Ms. Masters’ food poisoning.
`
`29. Monday, April 30, Plaintiff, Ms. Masters’ blood pressure started swinging between
`
`extremely high and low and she started to get “tingling” in her fingertips. The swings in
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 5 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 5 of 15
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`blood pressure and the finger tingling continued into the next day. In addition, Ms. Masters
`
`began to notice weakness in her calve muscles.
`
`30.
`
`As a result of her worsening condition, Ms. Masters was taken to the Lowell General
`
`Hospital ER that afternoon (May 1, 2018). Ms. Masters was admitted into the hospital and
`
`underwent a series of tests including CT Scan of her head; MRI with and without spine
`
`images and a lumbar puncture. The lumbar puncture showed evidence of protein.
`
`31.
`
`Plaintiff, Ms. Masters’ condition worsened and she was admitted into ICU and intubated on
`
`May 3, 2018 wherein she was diagnosed with Guillain Barre Syndrome (“GB S”). GBS is an
`
`immune mediated neuropathy. Plaintiff, Ms. Masters then began her first Intravenous
`
`Immune Globulin (“IVIG”) treatment; a treatment that she continues today.
`
`32.
`
`Plaintiff, Ms. Masters remained in ICU for seven (7) days until she transferred to the
`
`Intermediary Coronary Care Unit (“ICC”) on May 10, 2018. During these seven (7) days,
`
`Ms. Masters continued have numbness in her fingers and now in her feet. She underwent six
`
`(6) IVIG infusion treatments and received respiratory and other physical therapy.
`
`On May 15, 2018, Plaintiff, Ms. Masters, was transferred by ambulance to New England
`
`Rehabilitation Hospital for in—patient acute rehabilitation services.
`
`On May 18, 2018, Plaintiff, Ms. Masters was diagnosed with “C diff’ which severely limited
`
`her rehabilitation.
`
`While at New England Rehabilitation Hospital, Plaintiff, Ms. Masters, received multiple
`
`IVIG infusion treatments, each lasting approximately 4-4 1/2 hours.
`
`On June 12, 2018, Plaintiff, Ms. Masters was discharged from New England Rehabilitation
`
`Hospital and taken by ambulance to Lahey Hospital and admitted for neurology services.
`
`33.
`
`34.
`
`35.
`
`36.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 6 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 6 of 15
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`37. White at Lahey Hospital, after several tests, it was determined Plaintiff, Ms. Masters’ GBS
`
`had evolved into severe Chronic Inflammatory Deymelinating Polyradiculoneuropathy
`
`(“ClDP”). Plaintiff, Ms. Masters received two (2) more IVIG infusion treatments at Lahey
`
`Hospital.
`
`38. On June 25, 2018, Plaintiff, Ms. Masters was transferred by ambulance back to New England
`
`Rehabilitation Hospital to restart physical therapy.
`
`39. Plaintiff, Ms. Masters remained at New England Rehabilitation Hospital for six (6) weeks,
`
`being discharged on August 1, 2018.
`
`40. Although discharged from in-patient physical therapy, Plaintiff, Ms. Masters could only
`
`ambulate by wheelchair or walker.
`
`41. On August 6, 2018, Plaintiff, Ms. Masters began receiving home care. She showed slight
`
`improvement in feeling and strength in lower arms and hands, yet loss of strength in her legs
`
`below the knees.
`
`42. Between September 12, 2018 and September 17, 2018, Plaintiff, Ms. Masters was readmitted
`
`to Lahey Hospital, wherein she received five (5) more IVIG infusions.
`
`43 Plaintiff, Ms. Masters” home health care continued until October 10, 2018. Plaintiff, Ms.
`
`Masters continued to receive IVIG infusions.
`
`44. On October 17, 2018, Plaintiff, Ms. Masters began Outpatient Occupational and Physical
`
`Therapy. Plaintiff, Ms. Masters continued her physical therapy for ten (10) weeks until
`
`December 27, 2018. During this ten (10) week period Plaintiff, Ms. Masters received IVIG
`
`infusion treatments.
`
`45. On November 12, 2018, (approximately seven (7) months after eating at Cracker Barrel) and
`
`after Plaintiff, Ms. Masters was finally able to start walking on her own. She began
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 7 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 7 of 15
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`Outpatient Occupational Therapy. This continued for four (4) weeks until December 12,
`2018.
`K
`
`46.
`
`On December 27, 2018, Plaintiff, Ms. Masters was discharged from Outpatient Physical
`
`Therapy, while continuing to receive IVIG infusion treatments. The treatments occurred on a
`
`more regular schedule (each taking approximately 4 - 4 1/2 hours) to occur approximately
`
`every three (3) weeks.
`
`47.
`
`Due to a combination of the IVIG regimen and the Occupational and Physical Therapy, the
`
`numbness in Plaintiff, Ms. Masters’ feet lessened to the extent that she was able to drive her
`
`48.
`
`49.
`
`car for the first time on June 12, 2019 (fourteen (14) months after eating at Cracker Barrel).
`
`Plaintiff, Ms. Masters had additional five (5) sessions of Outpatient Physical Therapy from
`
`August 14, 2019 to September 25, 2019 in order to improve her functionality.
`
`Despite her progress, Plaintiff, Ms. Masters will continue to need the three-week regimen of
`
`IVIG Infusion.
`
`As a direct and proximate result of Defendants, Plaintiff, Ms. Masters contracted a
`
`Salmonella illness and Plaintiffs have suffered losses, including, but not limited to, hospital,
`
`rehabilitation, pharmacy and other medical expenses, mental and physical pain, future
`
`disability, emotional distress and other damages as may be proved at trial.
`
`CLAIMS FOR RELIEF AS AGAINST DEFENDANT, CRACKER BARREL
`
`cow:
`
`(Negligence)
`
`50.
`
`Plaintiffs reallege and reaver the allegations contained in paragraphs 1-49 and specifically
`
`incorporate them herein.
`
`1““A”‘2.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 8 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 8 of 15
`
`51. Defendant, Cracker Barrel had a duty to exercise ordinary care in’thwe purchase, storage,
`
`handling and preparation of egg products it sold to its customers.
`
`52. Defendant, Cracker Barrel breached its duty to Plaintiff, Ms. Masters by among other things:
`
`a) Failing to properly operate its restaurant in a safe, clean and sanitary manner;
`
`b) Failing to apply proper food safety policies to ensure proper preparation and cooking of
`
`egg meals;
`
`c) Failing to prevent and the transmission of Salmonella to its customers who order and eat
`
`egg meals;
`
`d) Failing to properly train its employees how to prevent transmission of Salmonella on its
`
`premises;
`
`e) Other acts and/or omissions as revealed in discovery.
`
`53. As a direct and proximate result of Defendant’s breach of duty, “Plaintiff, Ms. Masters” was
`
`caused to suffer serious personal injury; incur hospital, medical and pharmaceutical expenses
`
`and suffer total and partial disability, as well as pain of body and mind.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`COUNT II
`
`(Breach Of Implied Warranties Under Uniform Commercial Code)
`
`54. Plaintiffs reallege and reaver the allegations contained in paragraphs 1-53 and specifically
`
`incorporate them herein.
`
`55. Defendant, Cracker Barrel, had a duty to comply with the implied warranty of
`
`merchantability and fitness for a particular purpose.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 9 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 9 of 15
`
`56. Defendant, Cracker Barrel sold an egg meal to Plaintiff, Ms. Masters which did not pass
`
`without objection in the trade; the eggs were not fit for the ordinary purposes for which they
`
`were intended to be used.
`
`57. Plaintiff, Ms. Masters was a foreseeable consumer of the defective product/meal.
`
`58. Defendant, Cracker Barrel had a duty to comply with the Unforrn Commercial Code, as said
`
`Defendant knew the particular purpose for which the goods were required and that Plaintiff,
`
`Ms. Masters, as a buyer was relying on Defendant’s skill or judgment to furnish suitable
`
`goods and thus there existed an implied warranty that said goods (eggs) shall be fit for such
`
`purpose.
`
`59. Defendant, Cracker Barrel’s breach of the implied warranties was the direct and proximate
`
`result of Plaintiffs’ injuries.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`w;
`
`(Loss of Consortium)
`
`60. Plaintiffs reallege and reaver the allegations contained in paragraphs 1-59 and specifically
`
`incorporate them herein.
`
`61. “Plaintiff, Mr. Masters” is the spouse of “Plaintiff, Ms. Masters” and the person entitled by
`
`laws to the care, comfort, services and consortium of the “Plaintiff, Ms. Masters”.
`
`62. As a direct and proximate result of the negligence of the Defendant, “Plaintiff, Mr. Masters”
`
`sustained the loss of consortium of his spouse,” Plaintiff, Ms. Masters.”
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 10 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 10 of 15
`
`
`CLAIMS FOR RELIEF AS AGAINST DEFENDANT . ROSE ACRE
`
`COUNT I
`
`(Strict Liability Production Defect)
`
`63. Plaintiffs reallege and reaver the allegations contained in paragraphs 1—62 and specifically
`
`incorporate them herein.
`
`64. The adulterated eggs that Defendant, Rose Acre produced and Plaintiff, Ms. Masters
`
`consumed, were defective and unreasonably dangerous at the time it left Rose Acre’s control.
`
`65. The product was defective and unreasonably dangerous because it was unable to be used as
`
`safely as an ordinary consumer would expect when the produce was used in a reasonably
`
`foreseeable manner.
`
`66. Defendant, Rose Acre owes a duty not to deliver or offer eggs unfit for human consumption.
`
`67. Defendant, Rose Acre delivered and sold adulterated eggs to the Plaintiff, Ms. Masters and is
`
`therefore strictly liable to the Plaintiff, Ms. Masters for all injuries and damages proximately
`
`caused by Ms. Masters exposure to the Defendant’s defective and unsafe eggs under
`
`applicable law.
`
`68. As a result of the fault of Defendant, Rose Acre, Plaintiffs suffered harms and losses as
`
`described in the preceding paragraphs.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`CO_UNTI_I
`
`(Strict Liability - Failure To Warn)
`
`69. Plaintiffs reallege and reaver the allegations contained in paragraphs 1-68 and specifically
`
`incorporate them herein.
`
`10
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 11 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 11 of 15
`
`70.
`
`The adulterated eggs that Defendant, Rose Acre produced and Plaintiff, Ms. Masters
`
`consumed were defective and unreasonably dangerous at the time it left Defendant, Rose
`
`Acres control.
`
`71.
`
`72.
`
`73.
`
`The product was defective and unreasonably dangerous because Defendant, Rose Acres
`
`knew, or should have known, that the product did not provide adequate warnings of the
`
`danger and did not contain proper instructions for reasonably safe human consumption.
`
`Defendant, Rose Acres had a duty not to deliver or offer eggs unfit for human consumption
`
`pursuant to applicable law.
`
`Defendant, Rose Acres delivered and sold adulterated eggs to the Plaintiff, Ms. Masters and
`
`is therefore strictly liable to the Plaintiffs for all injuries and damages proximately caused by
`
`Plaintiff, Ms. Masters’ exposure to the Defendant, Rose Acres’ defective and unsafe eggs
`
`under applicable law.
`
`74. As a result of the fault of Defendant, Rose Acres, Plaintiffs suffered harms and losses as
`
`described in the preceding paragraphs.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`COUNT III
`
`(Breach of Implied Warranties Under Uniform Commercial Code)
`
`75.
`
`Plaintiffs reallege and reaver the allegations contained in paragraphs 1-74 and specifically
`
`incorporate them herein.
`
`76. Defendant, Rose Acre, had a duty to comply with the implied warranty of merchantability
`
`and fitness for a particular purpose.
`
`11
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 12 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 12 of 15
`
`77. Defendant, Rose Acre sold an eggs that were used in a meal sold to Plaintiff, Ms. Masters
`
`which did not pass without objection in the trade; the eggs were not fit for the ordinary
`
`purposes for which they were intended to be used.
`
`78.
`
`79.
`
`Plaintiff, Ms. Masters was a foreseeable consumer of the defective product/meal.
`
`Defendant, Rose Acre had a duty to comply with the Unform Commercial Code, as said
`
`Defendant knew the particular purpose for which the goods were required and that Plaintiff,
`
`Ms. Masters, as a consumer was relying on Defendant’s skill or judgment to furnish suitable
`
`goods and thus there existed an implied warranty that said goods (eggs) shall be fit for such
`
`purpose.
`
`80.
`
`Defendant, Rose Acre’s breach of the implied warranties was the direct and proximate result
`
`of Plaintiffs” injuries.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`COUNT IV
`
`(Negligence)
`
`81.
`
`82.
`
`83.
`
`Plaintiffs reallege and reaver the allegations contained in paragraphs 1-80 and specifically
`
`incorporate them herein.
`
`Defendant, Rose Acre had a duty to exercise ordinary care in the production, delivery,
`
`storage and preparation of eggs sold to their customers.
`
`Defendant, Rose Acre failed to exercise a reasonable degree of care, skill, and diligence
`
`ordinarily employed by a producer and seller of eggs in similar conditions. This failure
`
`caused Salmonella to contaminate eggs sold to the public and consumed by Plaintiff, Ms.
`
`Masters.
`
`12
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 13 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 13 of 15
`
`84. Defendant, Rose Acres breached the duties owed to the consumers of its eggs by committing
`
`the following negligent acts and omissions:
`
`a)
`
`Failing to adequately maintain and monitor the safety of its products, premises,
`
`equipment and employees;
`
`b)
`
`Failing to properly operate its facilities and equipment in a safe, clean, and sanitary
`
`manner;
`
`Failing to adopt adequate food safety po9licies and procedures, specifically failing to
`
`develop adequate Hazard Analysis and Critical control Point plans designed to minimize
`
`the risk of bacterial contamination;
`
`d)
`
`Failing to apply its food safety policies and procedures to ensure the safety and sanitary
`
`conditions of its food products, premises, and employees;
`
`Failing to adopt, implement, and validate food safety policies and procedures that met
`
`industry standards for the safe and sanitary production of food products, and the safety
`
`and sanitary conditions of its premises and employees;
`
`Failing to prevent the transmission of Salmonella to consumers of its eggs;
`
`g)
`
`Failing to properly train its employees and agents how to prevent the transmission of
`
`Salmonella on its premises, from its facility or equipment, or in its food products;
`
`h)
`
`Failing to properly supervise its employees and agents to prevent the transmission of
`
`Salmonella on its premises, from its facility or equipment, or in its food products;
`
`Failing to adequately test its products and processing environment for microbial
`
`pathogens, like Salmonella; and,
`
`j)
`
`Other acts and omissions as revealed through discovery.
`
`13
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 14 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 14 of 15
`
`85. As a direct and proximate result of Defendant’s breach of duty, “Plaintiff, Ms. Masters” was
`
`caused to suffer serious personal injury; incur hospital, medical and pharmaceutical expenses
`
`and suffer total and partial disability, as well as pain of body and mind.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`(DUN—TV
`
`(Negligent Infliction of Emotional Distress)
`
`86. Plaintiffs reallege and reaver the allegations contained in paragraphs 1-85 and specifically
`
`incorporate them herein.
`
`87. Defendant, Rose Acre was negligent in its production, distribution and sale of its eggs which
`
`was the direct and proximate cause of Plaintiff, Ms. Masters’ injuries.
`
`88. Plaintiff, Mr. Masters, as a direct result of the injuries suffered by his spouse, suffered
`
`emotional distress.
`
`89. The emotional distress suffered by Plaintiff, Mr. Masters was caused by Defendant’s
`
`negligence.
`
`90. Plaintiff, Mr. Masters’ emotional distress was evidenced by physical harm which manifested
`
`itself by objective symptomology.
`
`91. The emotional distress suffered by Plaintiff, Mr. Masters was consistent with what a
`
`reasonable person would have suffered under similar circumstances.
`
`WHEREFORE, Plaintiffs pray for the relief as more fully set forth below.
`
`14
`
`

`

`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 15 of 15
`Case 1:21-cv-10583-NMG Document 1 Filed 04/08/21 Page 15 of 15
`
`COUNT VI
`
`(Loss of Consortium)
`
`92. Plaintiffs reallege and reaver the allegations contained in paragraphs 1-91 and specifically
`
`incorporate them herein.
`
`93. “Plaintiff, Mr. Masters” is the spouse of “Plaintiff, Ms. Masters” and the person entitled by
`
`laws to the care, comfort, services and consortium of the “Plaintiff, Ms. Masters”.
`
`94. As a direct and proximate result of the negligence of the Defendant, “Plaintiff, Mr. Masters”
`
`sustained the loss of consortium of his spouse,” Plaintiff, Ms. Masters.”
`
`WHEREFORE, Plaintiffs pray this Honorable Court for the following relief as against the
`
`Defendants:
`
`1. Enter judgment in Plaintiffs’ favor in an amount determined by the Court.
`
`2. Award Plaintiffs such other and further relief as the Court deems just and proper.
`
`PLAINTIFFS DEMAND TRIAL BY JURY AS TO ALL COUNTS.
`
`
`
`, 2021
`
`Respectfully submitted,
`RITA MASTERS and
`
`ROBERT MASTERS,
`By Their Attorneys,
`
`.
`
`//L/c
`. 84w, Esquire
`
`_
`
`
`._L.|
`
`
`
`
`.Bf'. #549318
`
`HONTG & BARNES LLP
`
`55 Wingate Street
`Haverhill, MA 01832
`978-374-4420
`
`tbarnes-"u:honigbarnescom
`
`MastersRita&RobertComplainnStDemandForJuryTrial.4—6-202 l
`
`15
`
`

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