Thacker v. The Kroger Company and ConAgra, Inc.

Docket Number: 8th Circuit Court of Appeals Number 03-4032
Judge: The Honorable Nanette K. Laughery
Defendant Kroger's Trial Attorneys: Nick Nagrich, Warford B. Johnson III,

Wallace, Saunders, Austin, Brown & Enochs
Respondent/Defendant Kroger's Appellate Attorney: Warford B. Johnson III,

Wallace, Saunders, Austin, Brown & Enochs

Type of Claim: Product Liability - Alleged contaminated ground beef

Facts: Appellants purchased ground beef from Defendant Kroger that was alleged to have been subject to a recall from the USDA and the distributor, ConAgra due to concern of e.coli. contamination. It was disputed whether the ground beef appellants purchased could have fallen under the recall notice based on the time period. After the entire family consumed the ground beef the youngest child, Savana Thacker became ill with Hemolytic Uremic Syndrome ("HUS"), a disease most commonly associated with e.coli. exposure. Plaintiffs testified that they never had the subject ground beef tested for e.coli and admitted that Savana Thacker had eaten a portion of a hamburger at a county fair during the same time period. They also testified that they used and consumed well water and never had the well water tested for the presence of e.coli. The plaintiffs physician testified that he believed the source of the e.coli. exposure was the subject ground beef based on the appellants' representations that they knew the Kroger gound beef contained e.coli. and that they had tested the well water and found it to be free of e.coli. Defendant Kroger filed a motion for summary judgment based on the appellants' failure to prove causation. The trial court sustained the motion for summary judgment and the 8th Circuit Court of Appeals affirmed.

Damages Alleged: $20,000.00
Demand before trial: None
Offer before trial: None
Verdict: Summary Judgment for Defendant.

© 2005 Wallace, Saunders, Austin, Brown, and Enochs