Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
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`Plaintiff,
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`vs.
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` CASE NO.
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`CIV-20-54-HE
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`ALICIA DIEDERICH, Individually, and )
`As Parent and Next Friend of P.G., a
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`Minor,
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`HILAND DAIRY FOODS COMPANY,
`L.L.C.,
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`Defendant.
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`COMPLAINT
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`Comes now the Plaintiff, Alicia Diederich, individually, and as parent and next
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`friend of P.G., a minor, and for her Complaint and Jury Demand state as follows:
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`NATURE OF THE ACTION
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`1. This is an action for compensatory damages as a result of the Defendant’s actions
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`or inactions, which resulted in serious and disabling personal injuries to the minor Plaintiff,
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`P.G.
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`PARTIES
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`2. Plaintiff Alicia Diederich and her minor daughter, P.G., were and are citizens of
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`the State of Oklahoma. Both reside in Midwest City, Oklahoma.
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`3. Defendant Hiland Dairy Foods Company, L.L.C., (hereinafter referred to as
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`“Defendant Hiland”) is a citizen of the State of Illinois and the State of Missouri.
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`Defendant Hiland is a foreign for-profit limited liability company incorporated in the State
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`of Illinois with its principal place of business located in the State of Missouri. Defendant
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
`
`Plaintiff,
`
`vs.
`
` CASE NO.
`
`CIV-20-54-HE
`
`ALICIA DIEDERICH, Individually, and )
`As Parent and Next Friend of P.G., a
`)
`Minor,
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`HILAND DAIRY FOODS COMPANY,
`L.L.C.,
`
`Defendant.
`
`COMPLAINT
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`Comes now the Plaintiff, Alicia Diederich, individually, and as parent and next
`
`friend of P.G., a minor, and for her Complaint and Jury Demand state as follows:
`
`NATURE OF THE ACTION
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`1. This is an action for compensatory damages as a result of the Defendant’s actions
`
`or inactions, which resulted in serious and disabling personal injuries to the minor Plaintiff,
`
`P.G.
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`PARTIES
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`2. Plaintiff Alicia Diederich and her minor daughter, P.G., were and are citizens of
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`the State of Oklahoma. Both reside in Midwest City, Oklahoma.
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`3. Defendant Hiland Dairy Foods Company, L.L.C., (hereinafter referred to as
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`“Defendant Hiland”) is a citizen of the State of Illinois and the State of Missouri.
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`Defendant Hiland is a foreign for-profit limited liability company incorporated in the State
`
`of Illinois with its principal place of business located in the State of Missouri. Defendant
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`Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 2 of 6
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`Hiland may be served by virtue of its registered service agent in the State of Oklahoma:
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`Corporation Service Company, 10300 Greenbriar Place, Oklahoma City, Oklahoma 73159.
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`4.
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`This Court has jurisdiction of the subject matter of this litigation as all parties
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`are diverse from one another and the amount in controversy exceeds $75,000.00 as required
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`by 28 U.S.C. § 1332.
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`5.
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`Pursuant to 28 U.S.C. §1391, venue is proper as Defendant Hiland Dairy is
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`subject to personal jurisdiction in the Western District of Oklahoma and a substantial part
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`of the events or omissions giving rise to the claims asserted herein occurred in Norman,
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`Oklahoma, which lies within the Western District of Oklahoma.
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`FACTS
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`6.
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`Defendant Hiland is in the business of producing dairy products for
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`customers primarily located in the states of Oklahoma, Texas, Arkansas, Missouri, Kansas,
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`Nebraska, and Iowa.
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`7.
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`Defendant Hiland, according to its website, operates 17 plants and 51
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`distribution centers across its operating region consisting of the states of Oklahoma, Texas,
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`Arkansas, Missouri, Kansas, Nebraska, and Iowa.
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`8.
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`Defendant Hiland owns and operates a facility in Norman, Oklahoma,
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`located in Cleveland County.
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`9.
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`On January 17, 2021, the facility owned and operated by Defendant Hiland
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`in Norman, Oklahoma, reported to the United States Food & Drug Administration that
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`certain products sold and distributed from the Norman, Oklahoma facility were
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`contaminated.
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`Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 3 of 6
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`10. Defendant Hiland’s facility in Norman, Oklahoma, sold and distributed
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`certain products that contained food-grade sanitizers.
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`11. Defendant Hiland reported to the United States Food & Drug Administration
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`that protocols were not followed at the Norman, Oklahoma facility, which resulted in “a
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`small amount of one product being incorrectly filled.”
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`12.
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`The specific product that was incorrectly filled with a food-grade sanitizer
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`was one-half pint 1% low fat chocolate milk.
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`13. Defendant Hiland has reported to various agencies that the food-grade
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`sanitizer inserted into the chocolate milk containers was Synergex, which is a chemical
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`used to clean surfaces and dairy processing equipment.
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`14.
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`The affected products, chocolate milk containers, were sold, distributed
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`and/or otherwise placed into the stream of commerce to institutional customers throughout
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`Oklahoma and Texas by Defendant Hiland.
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`15. One of the institutional customers that received affected products of 1% low
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`fat chocolate milk was SSM Health St. Anthony Hospital – Oklahoma City.
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`16. On or about January 15, 2021, minor P.G. was a patient admitted to SSM
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`Health St. Anthony Hospital – Oklahoma City.
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`17. On or about January 15, 2021, minor P.G., while a patient at SSM Health St.
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`Anthony Hospital – Oklahoma City, consumed affected product of 1% low fat chocolate
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`milk sold, distributed, and/or otherwise placed into the stream of commerce by Defendant
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`Hiland.
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`Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 4 of 6
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`18. As a result of her consumption of affected product sold, distributed, and/or
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`otherwise placed into the stream of commerce by Defendant Hiland, the minor child, P.G.
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`suffered serious and disabling personal injuries.
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`CLAIM FOR RELIEF – DEFECTIVE PRODUCT
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`Plaintiffs incorporate and re-allege the foregoing paragraphs.
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`The aforementioned chocolate milk sold and distributed by Defendant Hiland
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`19.
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`20.
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`and consumed by the minor P.G. was defective and not reasonably fit for the ordinary
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`purposes for which the product was sold.
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`21.
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`The aforementioned chocolate milk sold and distributed by Defendant Hiland
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`was contaminated by a food-grade sanitizer.
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`22.
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`The contaminant contained in the aforementioned chocolate milk, a food-
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`grade sanitizer, is not the type of substance that a consumer would expect to be found in
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`chocolate milk.
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`23.
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`The contaminant contained in the aforementioned chocolate milk, a food-
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`grade sanitizer, was inserted into the chocolate milk containers while the product was in
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`the control of Defendant Hiland.
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`24. As a result of the defective product sold and distributed by Defendant Hiland
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`and consumed by the minor P.G., Defendant Hiland is strictly liable to Plaintiff for any and
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`all injuries and damages suffered by the Plaintiff and her minor daughter, P.G.
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`25. As a direct and proximate result of the defects existing in the chocolate milk
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`consumed by the minor P.G., which was manufactured, distributed, sold and/or placed into
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`the stream of commerce by Defendant Hiland, Plaintiff’s minor daughter, P.G., suffered
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`Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 5 of 6
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`severe injuries to mind and body resulting in the following elements of damages: pain,
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`suffering, mental anguish, disfigurement, medical expenses, loss of quality of and loss of
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`enjoyment of life, and has been damaged in an amount in excess of Seventy-Five Thousand
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`Dollars ($75,000.00).
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`DAMAGES
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`26.
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`Plaintiff incorporates by reference the preceding allegations here.
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`27. As a result of Defendant’s selling and distribution of a defective product
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`complained of herein, Plaintiff’s minor daughter, P.G., incurred the following damages:
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`a. Bodily injuries requiring medical treatment;
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`b. Physical pain and suffering;
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`c. Mental anguish and emotional distress; and
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`d. Past and future medical bills and other related expenses for medical treatment
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`and services.
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`WHEREFORE, Plaintiff prays for judgment against the Defendant in excess of the
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`amount necessary for federal jurisdiction in diversity of citizenship cases; for
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`compensatory; pre-judgment interest; for attorney's fees and costs; and for all other just
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`and proper relief to which they may prove entitled.
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`Case 5:21-cv-00054-HE Document 1 Filed 01/22/21 Page 6 of 6
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`Respectfully submitted,
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`s/ Andy J. Campbell
`Glendell D. Nix, OBA No. 13747
`L. Ray Maples, OBA No. 18472
`Andy J. Campbell, OBA No. 30512
`MAPLES, NIX & DIESSELHORST
`15401 N. May Avenue
`Edmond, Oklahoma 73013
`Tel: 405-478-3737
`Fax: 405-513-5005
`Email: glendell@mndlawfirm.com
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`andy@mndlawfirm.com
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`ray@mndlawfirm.com
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`and
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`Christian M. Zeaman, OBA #18887
`15401 N. May Avenue
` Edmond, OK 73013
`T: (405)601-3000
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`F: (888)691-6906
`Email: Christian@zeamanlaw.com
`ATTORNEYS FOR PLAINTIFF
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`JURY TRIAL DEMANDED
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