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`THOMAS D’AMORE, OSB No. 922735
`Email: tom@damorelaw.com
`DOUGLAS OH-KEITH, OSB No. 064585
`Email: doug@damorelaw.com
`D’AMORE LAW GROUP, P.C.
`4230 Galewood Street, Suite 200
`Lake Oswego, OR 97035
`Telephone: (503) 222-6333
`
`RYAN OSTERHOLM (Pro Hac Vice Forthcoming)
`ryan@oftlaw.com
`OFT LAW PLLC
`730 Second Ave. S., Suite 810
`Minneapolis, MN 55402
`(888) 828-7087
`
`
`Attorneys for Plaintiff Matthew Peterson
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`
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF OREGON
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`PORTLAND DIVISION
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`
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`Plaintiff Matthew Peterson, for his claims for relief against Defendant Thomson
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`International, Inc. states as follows:
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`PARTIES
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`{00409252;1}
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`
`COMPLAINT
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`1
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`Matthew Peterson,
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` Plaintiff,
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`v.
`
`
`Thomson International, Inc.,
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` Defendant.
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`_____________________________________
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`
`
`Case No.: 3:20-cv-01284
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`COMPLAINT
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`Personal Injury; Strict Product Liability,
`Negligence, Breach of Warranty
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`DEMAND FOR JURY TRIAL
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`
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 2 of 10
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`
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`1.
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`2.
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`Plaintiff Matthew Peterson is a 36-year-old man who resides in Clackamas, Oregon.
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`Defendant Thomson International Inc. (hereinafter “Thomson International”) is a
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`corporation registered in California with its principal place of business in Bakersfield, California.
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`3.
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`Thomson International manufactures and sells a variety of fresh produce items,
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`including red, yellow, white and sweet yellow onions throughout North America.
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`JURISDICTION AND VENUE
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`4.
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`This court has jurisdiction under 28 U.S.C. § 1332(a), because the amount in
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`controversy exceeds $75,000 and there is complete diversity of the parties.
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`5.
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`Venue is proper in the District of Oregon under 28 U.S.C. § 1391(b)(2) because a
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`substantial part of the events giving rise to the claim occurred here.
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`FACTUAL BACKGROUND
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`Salmonella
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`6.
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`Salmonella is a bacterium that occurs in humans and other animals and is shed in
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`their feces.
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`7.
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`When Salmonella is ingested by humans, it can cause severe gastroenteritis called
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`salmonellosis. Symptoms of salmonellosis include nausea, vomiting, diarrhea, and abdominal
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`pain. Headache, myalgia, and low-grade fever may also accompany salmonellosis.
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`8.
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`Symptoms typically develop within 6 to 72 hours after contaminated food or water
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`is ingested. Symptoms usually last for several days, but severe cases can last much longer and
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`result in serious medical complications and death.
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`{00409252;1}
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`COMPLAINT
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`2
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 3 of 10
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`9.
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`Long-term health issues in individuals who suffer from salmonellosis are well
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`documented, and include reactive arthritis, inflammatory bowel syndrome, and immunological
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`deficiencies.
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`The Thomson International Onion Outbreak
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`10.
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`Salmonella is a reportable disease in every state, including Oregon. This means that
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`when an individual tests positive for Salmonella, health care providers must notify the appropriate
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`state public health authority.
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`11.
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`State public health departments, like the Oregon Health Authority Public Health
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`Division (OHA-PHD), work in conjunction with the Centers for Disease Control and Prevention
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`(CDC) and Food and Drug Administration (FDA) to investigate multistate outbreaks of
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`Salmonella and other types of foodborne illnesses.
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`12.
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`After being notified of Salmonella illnesses, OHA-PHD can perform a test called
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`whole genome sequencing (WGS) on Salmonella isolated from ill individuals. WGS information
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`is used to determine if a common-source Salmonella outbreak is occurring.
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`13.
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`On July 10, 2020, CDC’s database for collecting WGS sequences and other data,
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`PulseNet, identified 13 Salmonella Newport infections in three different states.
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`14. Many ill people were identified as part of illness clusters. An illness cluster is
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`defined as two or more people who do not live in the same household who report eating at the
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`same restaurant location, attending a common event, or shopping at the same location of a grocery
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`store in the week before becoming ill.
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`15.
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`16.
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`As of July 31, 2020, CDC identified 22 illness clusters in seven states.
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`Information from these clusters showed that many ill people reported eating red
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`onions prior to their illnesses.
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`{00409252;1}
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`COMPLAINT
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`3
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 4 of 10
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`17.
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`The traceback information collected from these illness clusters identified Thomson
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`International, Inc. of Bakersfield, CA as a likely source of red onions.
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`18.
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`Due to the way onions are grown and harvested, other onion types, such as, white,
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`yellow or sweet may also be contaminated.
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`19.
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`As of July 31, 2020, the total number of people included in the CDC’s outbreak
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`tally was 396 spread across 34 states.
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`20.
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`On August 1, 2020, Thomson International recalled red, yellow, white, and sweet
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`onions shipped from May 1, 2020, through August 1, 2020.
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`21.
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`The recalled onions were distributed to wholesalers, restaurants, and retail stores in
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`all 50 states, the District of Columbia, and Canada.
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`22.
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`The onions were distributed in 5 lbs. carton. 10 lbs. carton. 25 lbs. carton. 40 lbs.
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`carton, 50 lbs. carton. bulk, 2 lb. mesh sacks, and 3 lb. mesh sacks, 5 lb. mesh sacks, 10 lb. mesh
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`sacks 25 lbs. mesh sacks, 50 lbs. mesh sacks under the brand names Thomson Premium, TLC
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`Thomson International, Tender Loving Care, El Competitor, Hartley’s Best, Onions 52, Majestic,
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`Imperial Fresh, Kroger, Utah Onions and Food Lion.
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`Matthew Peterson’s Illness
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`23. Matthew Peterson purchased and consumed red onions from the Fred Meyer store
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`in Oak Grove, Oregon, and from the Milwaukie, Oregon, Wal-Mart, shortly before becoming ill.
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`24.
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`Plaintiff began feeling ill on July 2, 2020. His first symptoms were fatigue, diarrhea,
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`and stomach pain. Over the next few days, his condition worsened to include fever and bloody
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`stool.
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`25.
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`Plaintiff sought medical care from Kaiser Sunnyside on July 3, 2020.
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`{00409252;1}
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`COMPLAINT
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`4
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 5 of 10
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`26. While at the hospital, Plaintiff underwent invasive testing, provided blood, urine,
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`and stool samples, underwent a CT-scan, and received IV-fluids and pain medication.
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`27.
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`28.
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`29.
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` Plaintiff was discharged from the hospital with a prescription for antibiotics.
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` Plaintiff still suffers from ongoing symptoms of Salmonella.
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`Plaintiff learned that he tested positive for Salmonella shortly after being
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`discharged from the hospital.
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`30.
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`31.
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`Plaintiff was interviewed at length by the OHA-PHD.
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`Upon information and belief, the OHA-PHD and CDC linked Plaintiff to the red
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`onion Salmonella Newport outbreak via WGS testing and product exposure to recalled Thomson
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`International onions.
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`32.
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`As a result of his illness, Plaintiff suffered past and future medical expenses, past
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`and future wage loss, and damages for pain and suffering in an amount to be determined by the
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`jury.
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`DAMAGES
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`33.
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`As a result of his Salmonella infection, Plaintiff has suffered significant injuries
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`and damages and required medical treatment.
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`34.
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`Plaintiff has not yet fully recovered from his Salmonella infection and is expected
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`to require future medical care.
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`35.
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`As a result of the negligent acts of the Defendant which proximately and directly
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`caused the Plaintiff’s illness, Plaintiff sustained injuries and damages and has in the past and will
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`in the future incur expenses for medical treatment, hospitalization, physical therapy, medications,
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`and other care related to his injuries and their consequences; as a result, she has in the past and
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`will in the future suffer great physical and mental pain and suffering, emotional distress and loss
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`{00409252;1}
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`COMPLAINT
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`5
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 6 of 10
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`
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`of enjoyment of life; as a result, she has in the past and will in the future incur a loss of earnings
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`and of earning capacity; as a result, Plaintiff has been damaged and injured in an amount to be
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`determined at trial, but well in excess of the jurisdictional minimum of this Court.
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`CLAIMS
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`COUNT ONE
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`STRICT PRODUCT LIABILITY AGAINST DEFENDANT THOMSON
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`INTERNATIONAL
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`36.
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`Plaintiff realleges and incorporates herein by reference the allegations contained in
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`the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
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`37.
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`At all times relevant hereto, Thomson International was a manufacturer, distributor,
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`and/or seller of a defective product, i.e. red onions contaminated with Salmonella.
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`38.
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`39.
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`40.
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`Thomson International placed the defective product on the market.
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`The defective product was sold in an unreasonably dangerous condition.
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`The adulterated food product
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`that Thomson International manufactured,
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`distributed, and/or sold was, at the time it left Thomson International’s control, defective and
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`unreasonably dangerous for its ordinary and expected use—raw human consumption—because it
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`contained Salmonella, a deadly pathogen.
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`41.
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`The defective product reached Plaintiff without substantial change in the condition
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`in which the product was sold.
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`42.
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`43.
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`The defect is the proximate cause of the Plaintiff’s injury.
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`Thomson International is strictly liable for damages caused by the Plaintiff eating
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`adulterated food contaminated with Salmonella.
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`{00409252;1}
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`COMPLAINT
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`6
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 7 of 10
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`44.
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`As a direct and proximate result of the above-described negligence of Defendant
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`Thomson International, Plaintiff sustained injuries and damages as described in the preceding
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`paragraphs.
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`COUNT TWO
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`NEGLIGENCE AGAINST DEFENDANT THOMSON INTERNATIONAL
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`45.
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`Plaintiff realleges and incorporates herein by reference the allegations contained in
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`the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
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`46.
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`Thomson International owed a duty of care to Plaintiff and other customers to
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`manufacture, distribute, and sell wholesome food products, including red onions.
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`47.
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`Thomson International owed a duty to Plaintiff to conform to a reasonable standard
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`of conduct for the safe growth, storage, handling, preparation, distribution, and sale of food
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`products.
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`48.
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`Thomson International breached the duty of care owed to Plaintiff. Thomson
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`International’s breach led to an unreasonable and foreseeable risk of foodborne illness to
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`individuals including the Plaintiff.
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`49.
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`Thomson International had a duty to properly supervise, train, and monitor its
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`employees and to ensure its employees’ compliance with all applicable statutes, laws, regulations,
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`or safety codes pertaining to the manufacture, distribution, storage, preparation and sale of similar
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`food products, but Thomson International failed to do so. Failure to conform to this duty is
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`negligence and led to an unreasonable and foreseeable risk of foodborne illness to individuals
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`including the Plaintiff.
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`50.
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`Thomson International also had a duty to exercise reasonable care when growing
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`its red onions, including keeping the food items from becoming contaminated with fecal material
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`{00409252;1}
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`COMPLAINT
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`7
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 8 of 10
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`
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`containing Salmonella. Thomson international also had a duty to produce red onions in conformity
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`with applicable federal, state, and local laws, ordinances, and regulations, and that were clean, free
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`from adulteration, and safe for human consumption, but Thomson International failed to do so.
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`Thomson International negligently breached this duty which led to an unreasonable and
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`foreseeable risk of foodborne illness to individuals including Plaintiff.
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`51.
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`Thomson International’s breach was the proximate cause of injury or damage to
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`Plaintiff.
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`52.
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`The Plaintiff was a person intended to be protected by safe food handling
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`procedures and practices. As a direct and proximate result of Thomson International’s acts and
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`omissions of negligence, the Plaintiff ate food contaminated with Salmonella and became ill.
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`53.
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`As a direct and proximate result of the negligence of Defendant Thomson
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`International, Plaintiff sustained injuries and damages as described in the preceding paragraphs.
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`COUNT THREE
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`BREACH OF WARRANTY AGAINST DEFENDANT THOMSON INTERNATIONAL
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`54.
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`The Plaintiff realleges and incorporates herein by reference the allegations
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`contained in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
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`55.
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` By offering red onions for sale to the public, Defendant impliedly warranted that
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`such red onions were safe to eat, that they were not adulterated with Salmonella, a deadly
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`pathogen, and that the red onions had been safely grown under sanitary conditions.
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`56.
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` The Defendant breached the implied warranties about the food they manufactured
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`and sold to Plaintiff, which was consumed by the Plaintiff causing the Plaintiff’s injuries and
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`losses.
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`{00409252;1}
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`COMPLAINT
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`8
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 9 of 10
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`57.
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` As a direct and proximate result of the above-described actions of Defendant,
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`Plaintiff sustained injuries and damages as described in the preceding paragraphs.
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`WHEREFORE, Plaintiff prays:
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`PRAYER FOR RELIEF
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`1.
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`That the court award Plaintiff judgment against Defendant in such a sum as shall
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`be determined to fully and fairly compensate Plaintiff for all general, special, incidental and
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`consequential damages incurred, or to be incurred, by Plaintiff as the direct and proximate result
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`of the acts and omissions of Defendant, together with interest thereon, as provided by law;
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`2.
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`3.
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`That the court award Plaintiff his costs and disbursements incurred herein; and
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`That the Court award such other and further equitable relief as it deems necessary
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`and proper under the circumstances.
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`JURY DEMAND
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`Plaintiff hereby demands a trial by jury in this matter.
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`Dated: August 3, 2020
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`and
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`{00409252;1}
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`D’AMORE LAW GROUP, P.C.
`
` s/ Douglas P. Oh-Keith
`Thomas D’Amore, OSB No. 922735
`Email: tom@damorelaw.com
`Douglas P. Oh-Keith, OSB No. 064585
`Email: doug@damorelaw.com
`4230 Galewood Street, Suite 200
`Lake Oswego, OR 97035
`Telephone: 503-222-6333
`
`Attorneys for Plaintiff Matthew Peterson
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`
`COMPLAINT
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`9
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`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 10 of 10
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`s/ Ryan Osterholm
`Ryan Osterholm (Pro Hac Vice Forthcoming)
`OFT LAW PLLC
`730 2nd Avenue S., Suite 810
`Minneapolis, MN 55402
`888-828-7087
`ryan@oftlaw.com
`
`{00409252;1}
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`COMPLAINT
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`10
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