The following is an excerpt from the complaint (the document filed with the court that sets out the reasons for the lawsuit) filed by Pritzker | Ruohonen law firm in the case of Zachary D. Everhart v. Kroger Co. and Nebraska Beef, Ltd.  The case was brought before the Ohio state court and involved injuries suffered by Mr. Zachary caused by consumption of Kroger ground beef, the components of which were supplied by Nebraska Beef, Ltd.

The following excerpt from the complaint sets out the laws under which Mr. Zachary is asking for compensation:

COUNT I (Defective Manufacture Ohio Rev. Code § 2307.74, § 2307.78)

20.       Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth herein and allege as follows:

21.       Defendants Kroger and Nebraska Beef designed, manufactured, supplied, marketed, retailed and sold the ground beef under the Kroger label that was consumed by Plaintiff Everhart.

22.       When the ground beef product left the place of manufacture, the ground beef was defective as it contained the deadly E. coli O157:H7 bacteria.  This adulteration represents a material deviation from design specifications, formula or performance standards of the manufacturers. 

23.       As a direct and proximate result of the defective nature and condition of aforesaid ground beef products at the time of manufacture, marketing, distribution and sale, Plaintiff Everhart sustained severe and permanent injuries to his gastrointestinal system, as well as other injuries; as a result, he has in the past and will in the future incur health care expenses for the treatment of his injuries; as a result, he has incurred a loss of earnings and of earning capacity; and as a result, he has in the past and will in the future suffer great physical pain, disability, disfigurement and emotional distress.

COUNT II (Inadequate Warning or Instruction Ohio Rev. Code § 2307.76, § 2307.78)

24.       Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth herein and allege as follows:

25.       Defendants Kroger and Nebraska Beef knew or, in the exercise of reasonable care, should have known of the risks posed by E. coli O157:H7, and failed to provide adequate warnings concerning these risks that a reasonable manufacturer would have provided.

26.       As a direct and proximate result of the Defendants’ failure to adequately warn consumers, Plaintiff Everhart suffered damages as set forth in the preceding paragraphs.

COUNT III (Failure to Conform to Representation Ohio Rev. Code § 2307.77, § 2307.78)

27.       Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth herein and allege as follows:

28.       Defendants Kroger and Nebraska Beef made representations that the beef sold under the Kroger label and consumed by Plaintiff Everhart was produced in safe and sanitary conditions and was not adulterated. 

29.       The beef sold under the Kroger label and consumed by Plaintiff Everhart did not conform with these representations because it was produced in un-safe and unsanitary conditions, and was adulterated with E. coli O157:H7.  The production and sale of this adulterated beef violates Ohio Revised Code § 3715.59(A) (the Pure Food and Drug Law of Ohio), 21 U.S.C. § 301, et seq. (the Food, Drug and Cosmetics Act), and those statutes’ corresponding rules.

30.       As a direct and proximate result of these misrepresentations, Plaintiff Everhart suffered damages as set forth in the preceding paragraphs.

If you have been diagnosed with E. coli O157:H7 from this or other outbreaks, please contact Senior Partner, Fred Pritzker toll-free at 1-888-377-8900, via email at fhp@pritzkerlaw.com  or on the web at www.pritzkerlaw.com.