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Grocery store sued for wrongful death

Most Ohioans don't expect the food they buy at their local grocery store to make them seriously ill or even kill them. Unfortunately, that was the case for some people who ate packaged caramel apples made by Happy Apples in Missouri. The apples allegedly contained listeria, a bacteria that can be fatal. Three deaths have been associated with the apples and an additional 29 people have been hospitalized.

The caramel apples contained expiration dates between Aug. 25 and Nov. 23. They were sold in packages that contained one to eight apples. The apples were available in 31 states, including Ohio, before they were recalled. In October, Happy Apples stopped manufacturing the apples.

Listeria is especially serious in pregnant women, young children and the elderly. In the current outbreak, nine of those infected were newborns or pregnant women. The family of an 81-year-old woman who died Dec. 2 from listeria is suing Safeway grocery stores for wrongful death. The store has since stopped carrying the deadly apples.

It is still unknown how the outbreak occurred, although apple supplier Bidart Brothers believes it may have been caused by the apples the company supplied to Happy Apples. Unpackaged caramel apples, caramel candy and uncoated apples have not been associated with any illnesses so far.

When negligence leads to a person's death, the family of the deceased may be able to file a wrongful death lawsuit based on the circumstances. If all the elements of wrongful death are present, the family may sue for compensation for the damages incurred, including medical bills, funeral expenses, lost wages and pain and suffering.

Source: The Washington Post, "Missouri company recalls caramel apples that may be linked to listeria outbreak," Lenny Bernstein, Dec. 25, 2014

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