Contaminated Cantaloupe Plaintiff Sues Food Safety Auditor and Others

A Nebraska resident alleging that his consumption of Listeria-contaminated cantaloupe grown by Jensen Farms in Colorado caused his infection and subsequent hospitalization, has filed a personal injury action against the grower, distributor, retailer, and the company hired by the grower to conduct a food safety audit before the outbreak. Braddock v. Jensen Farms, No. 11-402 (D. Neb., filed November 30, 2011). According to the complaint, Primus Group, Inc. was negligent in performing the audit and failing to detect Listeria or conditions leading to Listeria contamination at the grower’s facilities and, in breaching its contract with the grower, harmed the plaintiff, a third-party beneficiary. The plaintiff also alleges strict product liability, breach of warranty, negligence, and negligence per se against the other defendants and seeks general, special and incidental damages.