New ‘hot’ practice area: Jalapeño litigation?

What could be the first lawsuit over the recent salmonella outbreak that has sickened about 1,300 people this summer has been filed.

A Colorado man is suing Wal-Mart and one of its vegetable suppliers, claiming that he ate jalapeños from the retailer and became ill and needed to be hospitalized for dehydration, a condition that worsened his existing kidney and liver problems. Tests confirmed that the salmonella strain that sickened the man was found in to remaining jalapeños that had been purchased at the store, according to the suit.

The Wall Street Journal‘s Law Blog suggests that making a case against tomato retailers and suppliers would have been tough, but the jalapeño litigation was always a possibility provided the crucial “choke point” could be found. DC Dicta doesn’t truly understand why this might be, so we’ll just have to trust Law Blog’s source on this.

The kicker? The suit was filed in Colorado’s Montezuma County Court. You can’t make this stuff up.


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