throbber
Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 1 of 10
`
`
`
`
`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
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF OREGON
`
`PORTLAND DIVISION
`
`
`
`Plaintiff Matthew Peterson, for his claims for relief against Defendant Thomson
`
`International, Inc. states as follows:
`
`PARTIES
`
`{00409252;1}
`
`
`COMPLAINT
`
`1
`
`Matthew Peterson,
`
` Plaintiff,
`
`v.
`
`
`Thomson International, Inc.,
`
` Defendant.
`
`_____________________________________
`
`
`
`Case No.: 3:20-cv-01284
`
`COMPLAINT
`
`Personal Injury; Strict Product Liability,
`Negligence, Breach of Warranty
`
`DEMAND FOR JURY TRIAL
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 2 of 10
`
`
`
`1.
`
`2.
`
`Plaintiff Matthew Peterson is a 36-year-old man who resides in Clackamas, Oregon.
`
`Defendant Thomson International Inc. (hereinafter “Thomson International”) is a
`
`corporation registered in California with its principal place of business in Bakersfield, California.
`
`3.
`
`Thomson International manufactures and sells a variety of fresh produce items,
`
`including red, yellow, white and sweet yellow onions throughout North America.
`
`
`
`JURISDICTION AND VENUE
`
`4.
`
`This court has jurisdiction under 28 U.S.C. § 1332(a), because the amount in
`
`controversy exceeds $75,000 and there is complete diversity of the parties.
`
`5.
`
`Venue is proper in the District of Oregon under 28 U.S.C. § 1391(b)(2) because a
`
`substantial part of the events giving rise to the claim occurred here.
`
`FACTUAL BACKGROUND
`
`Salmonella
`
`6.
`
`Salmonella is a bacterium that occurs in humans and other animals and is shed in
`
`their feces.
`
`7.
`
`When Salmonella is ingested by humans, it can cause severe gastroenteritis called
`
`salmonellosis. Symptoms of salmonellosis include nausea, vomiting, diarrhea, and abdominal
`
`pain. Headache, myalgia, and low-grade fever may also accompany salmonellosis.
`
`8.
`
`Symptoms typically develop within 6 to 72 hours after contaminated food or water
`
`is ingested. Symptoms usually last for several days, but severe cases can last much longer and
`
`result in serious medical complications and death.
`
`{00409252;1}
`
`
`COMPLAINT
`
`2
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 3 of 10
`
`
`
`9.
`
`Long-term health issues in individuals who suffer from salmonellosis are well
`
`documented, and include reactive arthritis, inflammatory bowel syndrome, and immunological
`
`deficiencies.
`
`The Thomson International Onion Outbreak
`
`10.
`
`Salmonella is a reportable disease in every state, including Oregon. This means that
`
`when an individual tests positive for Salmonella, health care providers must notify the appropriate
`
`state public health authority.
`
`11.
`
`State public health departments, like the Oregon Health Authority Public Health
`
`Division (OHA-PHD), work in conjunction with the Centers for Disease Control and Prevention
`
`(CDC) and Food and Drug Administration (FDA) to investigate multistate outbreaks of
`
`Salmonella and other types of foodborne illnesses.
`
`12.
`
`After being notified of Salmonella illnesses, OHA-PHD can perform a test called
`
`whole genome sequencing (WGS) on Salmonella isolated from ill individuals. WGS information
`
`is used to determine if a common-source Salmonella outbreak is occurring.
`
`13.
`
`On July 10, 2020, CDC’s database for collecting WGS sequences and other data,
`
`PulseNet, identified 13 Salmonella Newport infections in three different states.
`
`14. Many ill people were identified as part of illness clusters. An illness cluster is
`
`defined as two or more people who do not live in the same household who report eating at the
`
`same restaurant location, attending a common event, or shopping at the same location of a grocery
`
`store in the week before becoming ill.
`
`15.
`
`16.
`
`As of July 31, 2020, CDC identified 22 illness clusters in seven states.
`
`Information from these clusters showed that many ill people reported eating red
`
`onions prior to their illnesses.
`
`{00409252;1}
`
`
`COMPLAINT
`
`3
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 4 of 10
`
`
`
`17.
`
`The traceback information collected from these illness clusters identified Thomson
`
`International, Inc. of Bakersfield, CA as a likely source of red onions.
`
`18.
`
`Due to the way onions are grown and harvested, other onion types, such as, white,
`
`yellow or sweet may also be contaminated.
`
`19.
`
`As of July 31, 2020, the total number of people included in the CDC’s outbreak
`
`tally was 396 spread across 34 states.
`
`20.
`
`On August 1, 2020, Thomson International recalled red, yellow, white, and sweet
`
`onions shipped from May 1, 2020, through August 1, 2020.
`
`21.
`
`The recalled onions were distributed to wholesalers, restaurants, and retail stores in
`
`all 50 states, the District of Columbia, and Canada.
`
`22.
`
`The onions were distributed in 5 lbs. carton. 10 lbs. carton. 25 lbs. carton. 40 lbs.
`
`carton, 50 lbs. carton. bulk, 2 lb. mesh sacks, and 3 lb. mesh sacks, 5 lb. mesh sacks, 10 lb. mesh
`
`sacks 25 lbs. mesh sacks, 50 lbs. mesh sacks under the brand names Thomson Premium, TLC
`
`Thomson International, Tender Loving Care, El Competitor, Hartley’s Best, Onions 52, Majestic,
`
`Imperial Fresh, Kroger, Utah Onions and Food Lion.
`
`Matthew Peterson’s Illness
`
`23. Matthew Peterson purchased and consumed red onions from the Fred Meyer store
`
`in Oak Grove, Oregon, and from the Milwaukie, Oregon, Wal-Mart, shortly before becoming ill.
`
`24.
`
`Plaintiff began feeling ill on July 2, 2020. His first symptoms were fatigue, diarrhea,
`
`and stomach pain. Over the next few days, his condition worsened to include fever and bloody
`
`stool.
`
`25.
`
`Plaintiff sought medical care from Kaiser Sunnyside on July 3, 2020.
`
`{00409252;1}
`
`
`COMPLAINT
`
`4
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 5 of 10
`
`
`
`26. While at the hospital, Plaintiff underwent invasive testing, provided blood, urine,
`
`and stool samples, underwent a CT-scan, and received IV-fluids and pain medication.
`
`27.
`
`28.
`
`29.
`
` Plaintiff was discharged from the hospital with a prescription for antibiotics.
`
` Plaintiff still suffers from ongoing symptoms of Salmonella.
`
`Plaintiff learned that he tested positive for Salmonella shortly after being
`
`discharged from the hospital.
`
`30.
`
`31.
`
`Plaintiff was interviewed at length by the OHA-PHD.
`
`Upon information and belief, the OHA-PHD and CDC linked Plaintiff to the red
`
`onion Salmonella Newport outbreak via WGS testing and product exposure to recalled Thomson
`
`International onions.
`
`32.
`
`As a result of his illness, Plaintiff suffered past and future medical expenses, past
`
`and future wage loss, and damages for pain and suffering in an amount to be determined by the
`
`jury.
`
`DAMAGES
`
`33.
`
`As a result of his Salmonella infection, Plaintiff has suffered significant injuries
`
`and damages and required medical treatment.
`
`34.
`
`Plaintiff has not yet fully recovered from his Salmonella infection and is expected
`
`to require future medical care.
`
`35.
`
`As a result of the negligent acts of the Defendant which proximately and directly
`
`caused the Plaintiff’s illness, Plaintiff sustained injuries and damages and has in the past and will
`
`in the future incur expenses for medical treatment, hospitalization, physical therapy, medications,
`
`and other care related to his injuries and their consequences; as a result, she has in the past and
`
`will in the future suffer great physical and mental pain and suffering, emotional distress and loss
`
`{00409252;1}
`
`
`COMPLAINT
`
`5
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 6 of 10
`
`
`
`of enjoyment of life; as a result, she has in the past and will in the future incur a loss of earnings
`
`and of earning capacity; as a result, Plaintiff has been damaged and injured in an amount to be
`
`determined at trial, but well in excess of the jurisdictional minimum of this Court.
`
`CLAIMS
`
`COUNT ONE
`
`STRICT PRODUCT LIABILITY AGAINST DEFENDANT THOMSON
`
`INTERNATIONAL
`
`36.
`
`Plaintiff realleges and incorporates herein by reference the allegations contained in
`
`the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
`
`37.
`
`At all times relevant hereto, Thomson International was a manufacturer, distributor,
`
`and/or seller of a defective product, i.e. red onions contaminated with Salmonella.
`
`38.
`
`39.
`
`40.
`
`Thomson International placed the defective product on the market.
`
`The defective product was sold in an unreasonably dangerous condition.
`
`The adulterated food product
`
`that Thomson International manufactured,
`
`distributed, and/or sold was, at the time it left Thomson International’s control, defective and
`
`unreasonably dangerous for its ordinary and expected use—raw human consumption—because it
`
`contained Salmonella, a deadly pathogen.
`
`41.
`
`The defective product reached Plaintiff without substantial change in the condition
`
`in which the product was sold.
`
`42.
`
`43.
`
`The defect is the proximate cause of the Plaintiff’s injury.
`
`Thomson International is strictly liable for damages caused by the Plaintiff eating
`
`adulterated food contaminated with Salmonella.
`
`{00409252;1}
`
`
`COMPLAINT
`
`6
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 7 of 10
`
`
`
`44.
`
`As a direct and proximate result of the above-described negligence of Defendant
`
`Thomson International, Plaintiff sustained injuries and damages as described in the preceding
`
`paragraphs.
`
`COUNT TWO
`
`NEGLIGENCE AGAINST DEFENDANT THOMSON INTERNATIONAL
`
`45.
`
`Plaintiff realleges and incorporates herein by reference the allegations contained in
`
`the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
`
`46.
`
`Thomson International owed a duty of care to Plaintiff and other customers to
`
`manufacture, distribute, and sell wholesome food products, including red onions.
`
`47.
`
`Thomson International owed a duty to Plaintiff to conform to a reasonable standard
`
`of conduct for the safe growth, storage, handling, preparation, distribution, and sale of food
`
`products.
`
`48.
`
`Thomson International breached the duty of care owed to Plaintiff. Thomson
`
`International’s breach led to an unreasonable and foreseeable risk of foodborne illness to
`
`individuals including the Plaintiff.
`
`49.
`
`Thomson International had a duty to properly supervise, train, and monitor its
`
`employees and to ensure its employees’ compliance with all applicable statutes, laws, regulations,
`
`or safety codes pertaining to the manufacture, distribution, storage, preparation and sale of similar
`
`food products, but Thomson International failed to do so. Failure to conform to this duty is
`
`negligence and led to an unreasonable and foreseeable risk of foodborne illness to individuals
`
`including the Plaintiff.
`
`50.
`
`Thomson International also had a duty to exercise reasonable care when growing
`
`its red onions, including keeping the food items from becoming contaminated with fecal material
`
`{00409252;1}
`
`
`COMPLAINT
`
`7
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 8 of 10
`
`
`
`containing Salmonella. Thomson international also had a duty to produce red onions in conformity
`
`with applicable federal, state, and local laws, ordinances, and regulations, and that were clean, free
`
`from adulteration, and safe for human consumption, but Thomson International failed to do so.
`
`Thomson International negligently breached this duty which led to an unreasonable and
`
`foreseeable risk of foodborne illness to individuals including Plaintiff.
`
`51.
`
`Thomson International’s breach was the proximate cause of injury or damage to
`
`Plaintiff.
`
`52.
`
`The Plaintiff was a person intended to be protected by safe food handling
`
`procedures and practices. As a direct and proximate result of Thomson International’s acts and
`
`omissions of negligence, the Plaintiff ate food contaminated with Salmonella and became ill.
`
`53.
`
`As a direct and proximate result of the negligence of Defendant Thomson
`
`International, Plaintiff sustained injuries and damages as described in the preceding paragraphs.
`
`COUNT THREE
`
`BREACH OF WARRANTY AGAINST DEFENDANT THOMSON INTERNATIONAL
`
`54.
`
`The Plaintiff realleges and incorporates herein by reference the allegations
`
`contained in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.
`
`55.
`
` By offering red onions for sale to the public, Defendant impliedly warranted that
`
`such red onions were safe to eat, that they were not adulterated with Salmonella, a deadly
`
`pathogen, and that the red onions had been safely grown under sanitary conditions.
`
`56.
`
` The Defendant breached the implied warranties about the food they manufactured
`
`and sold to Plaintiff, which was consumed by the Plaintiff causing the Plaintiff’s injuries and
`
`losses.
`
`{00409252;1}
`
`
`COMPLAINT
`
`8
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 9 of 10
`
`
`
`57.
`
` As a direct and proximate result of the above-described actions of Defendant,
`
`Plaintiff sustained injuries and damages as described in the preceding paragraphs.
`
`
`
`WHEREFORE, Plaintiff prays:
`
`PRAYER FOR RELIEF
`
`1.
`
`That the court award Plaintiff judgment against Defendant in such a sum as shall
`
`be determined to fully and fairly compensate Plaintiff for all general, special, incidental and
`
`consequential damages incurred, or to be incurred, by Plaintiff as the direct and proximate result
`
`of the acts and omissions of Defendant, together with interest thereon, as provided by law;
`
`2.
`
`3.
`
`That the court award Plaintiff his costs and disbursements incurred herein; and
`
`That the Court award such other and further equitable relief as it deems necessary
`
`and proper under the circumstances.
`
`JURY DEMAND
`
`
`
`Plaintiff hereby demands a trial by jury in this matter.
`
`
`
`Dated: August 3, 2020
`
`
`
`
`
`
`
`
`
`
`and
`
`{00409252;1}
`
`
`
`
`
`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
`
`
`COMPLAINT
`
`9
`
`

`

`Case 3:20-cv-01284-IM Document 1 Filed 08/03/20 Page 10 of 10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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}
`
`
`COMPLAINT
`
`10
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket