IN THE IOWA DISTRICT COURT

POLK COUNTY

Kati L. Huffman,
LAW NO. LACV____________

Plaintiff,
PETITION AT LAW AND JURY DEMAND
vs.

Fareway Stores, Inc.,

Defendant.

Plaintiff Kati L. Huffman (hereinafter “Kati Huffman”), for her claims for relief against

Defendant Fareway Stores, Inc., states as follows:

PARTIES

1. Plaintiff Kati Huffman is a 31-year old mother of four and cancer survivor who lives

in West Des Moines, Iowa, and brings this claim for a Salmonella infection she contracted by

eating contaminated chicken salad sold by Defendant Fareway Stores, Inc., in February of 2018.

2. Defendant Fareway Stores, Inc. (hereinafter “Fareway”) is a corporation registered

in Iowa with its principal place of business in Boone Iowa, operating grocery stores throughout

the state of Iowa. Fareway also does business under the fictitious name “Fareway Food Stores.”

3. At all relevant times, Fareway owned and/or operated a Fareway store in Polk

County at 329 Grand Avenue, West Des Moines, Iowa.

JURISDICTION AND VENUE

4. Defendant sold contaminated chicken salad at its store located in Polk County.

Accordingly, under Iowa Code § 616.18, venue is properly placed in this Iowa District Court in

and for Polk County, Iowa.

5. Pursuant to Iowa Code § 619.81, Plaintiff certifies that the prayer for relief in this

matter exceeds the applicable jurisdictional requirements regarding the amount in controversy.

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 PARTICULARS

Salmonella

6. Salmonella is a bacterium that occurs in humans and other animals and is shed in

their feces.

7. When Salmonella is ingested by humans, it can cause severe gastroenteritis called

salmonellosis. Symptoms of salmonellosis include nausea, vomiting, diarrhea, and abdominal

pain. Headache, myalgia, and low-grade fever may also accompany salmonellosis.

8. Symptoms typically develop within 6 to 72 hours after contaminated food or water

is ingested. Symptoms usually last for several days, but severe cases can last much longer and

result in serious medical complications.

9. Long-term health issues in individuals who suffer from salmonellosis are well

documented, and include reactive arthritis (Reiter’s syndrome), inflammatory bowel syndrome,

and immunological deficiencies.

The Fareway Chicken Salad Outbreak

10. Defendant Fareway is a Midwest grocery company that operates 118 stores across

the region.

11. According to its website, Fareway considers providing “the highest quality, freshest

product available” part of its company mission.

12. On February 9, 2018, the Iowa Department of Public Health notified the federal

Food Safety Inspection Service (“FSIS”) of an investigation of Salmonella related illnesses within

the state of Iowa.

13. Five days later, FSIS issued a public health alert relating to Fareway’s chicken

salad product, which had been shipped to Fareway stores in Iowa, Illinois, Minnesota, Nebraska,

and South Dakota.

14. The chicken salad had been sold in plastic deli containers with a Fareway store

deli label, and had been prepared between December 15, 2017, and February 13, 2018.

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 15. At this time, the total number of sickened individuals remains unknown.

Kati Huffman’s Illness

16. Kati Huffman purchased chicken salad from Fareway store number 153 in West

Des Moines, Iowa, on February 7, 2018, around 7:30 in the evening.

17. Plaintiff returned home and appropriately stored her chicken salad product,

choosing to consume it on February 11, 2018, as part of a lettuce wrap.

18. The next day, February 12, 2018, Plaintiff began experiencing severe stomach

cramps and diarrhea.

19. Over the next few days, the diarrhea and cramping worsened, prompting Plaintiff,

who is normally an extraordinarily tough woman, to see medical treatment from Methodist Hospital

in downtown Des Moines early in the morning on Valentine’s Day.

20. At the hospital, Plaintiff was given intravenous fluids and anti-nausea medication

before being discharged home.

21. The next day, February 15, 2018, so weak she thought she was unable to drive to

Methodist’s downtown location, Plaintiff sought care from Methodist’s location in West Des

Moines. A stool sample taken that morning revealed Plaintiff was sickened with Salmonella.

22. Plaintiff was given a prescription antibiotic to treat the infection.

23. Plaintiff was unable to work for her children for several days as a result of her

illness.

DAMAGES

24. As a result of her Salmonella infection, Plaintiff has suffered significant injuries and

damages and required medical treatment.

25. Plaintiff has not yet fully recovered from her Salmonella infection and is expected

to require future medical care.

26. As a result of the negligent acts of the Defendant which proximately and directly

caused the Plaintiff’s illness, Plaintiff sustained injuries and damages and has in the past and will

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in the future incur expenses for medical treatment, hospitalization, physical therapy, medications,

and other care related to her injuries and their consequences; as a result, she has in the past and

will in the future suffer great physical and mental pain and suffering, emotional distress and loss

of enjoyment of life; as a result, she has in the past and will in the future incur a loss of earnings

and of earning capacity; as a result, Plaintiff has been damaged and injured in an amount to be

determined at trial, but well in excess of the jurisdictional minimum of this Court.

CLAIMS

COUNT ONE

NEGLIGENCE AGAINST DEFENDANT FAREWAY

27. Plaintiff realleges and incorporates herein by reference the allegations contained

in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.

28. Fareway owed a duty of care to Plaintiff and other customers to prepare and serve

safe and wholesome foods products, including chicken salad.

29. Fareway owed a duty to Plaintiff Kati Huffman requiring Fareway to conform to a

reasonable standard of conduct for the safe storage, handling, preparation, distribution and sale

of food product at their stores.

30. Fareway breached the duty of care owed to Plaintiff Kati Huffman. Fareway’s

breach led to an unreasonable and foreseeable risk of foodborne illness to individuals including

the Plaintiff Kati Huffman.

31. Fareway had a duty to properly supervise, train, and monitor its employees, and

to ensure its employees’ compliance with all applicable statutes, laws, regulations, or safety codes

pertaining to the manufacture, distribution, storage, preparation and sale of similar food products,

but Fareway failed to do so. Failure to conform to this duty is negligence and led to an

unreasonable and foreseeable risk of foodborne illness to individuals including the Plaintiff Kati

Huffman.

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 32. Fareway also had a duty to use ingredients, supplies, and other constituent

materials that were reasonably safe, wholesome, free of defects, and that otherwise complied

with applicable federal, state, and local laws, ordinances, and regulations, and that were clean,

free from adulteration, and safe for human consumption, but Fareway failed to do so. Fareway

breached this duty, which is negligence that led to an unreasonable and foreseeable risk of

foodborne illness to individuals including Plaintiff Kati Huffman.

33. Fareway’s breach was the proximate cause of injury or damage to Plaintiff Kati

Huffman.

34. The Plaintiff Kati Huffman was a person intended to be protected by safe food

handling procedures and practices. As a direct and proximate result of Fareway’s acts and

omissions of negligence, the Plaintiff Kati Huffman ate food contaminated with Salmonella.

35. As a direct and proximate result of the negligence of Defendant, Plaintiff sustained

injuries and damages as described in the preceding paragraphs.

COUNT TWO

STRICT PRODUCT LIABILITY AGAINST DEFENDANT FAREWAY

36. Plaintiff realleges and incorporates herein by reference the allegations contained

in the preceding Paragraphs of this Complaint as if set forth herein in their entirety.

37. At all times relevant hereto, Fareway was a manufacturer, distributor and/or seller

of a defective product, i.e. chicken salad contaminated with Salmonella.

38. Fareway placed the defective product on the market.

39. The defective product was sold in an unreasonably dangerous condition.

40. The adulterated food product that Fareway manufactured, distributed, and/or sold

was, at the time it left Fareway’s control, defective and unreasonably dangerous for its ordinary

and expected use because it contained Salmonella, a deadly pathogen.

41. The defective product reached Plaintiff Kati Huffman without substantial change in

condition in which the product was sold.

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 42. The defect is the proximate cause of the Plaintiff Kati Huffman’s injury.

43. Fareway is strictly liable for damages caused by the Plaintiff eating adulterated

food contaminated with Salmonella.

44. As a direct and proximate result of the above-described negligence of Defendant

Fareway, Plaintiff sustained injuries and damages as described in the preceding paragraphs.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

1. That the court award Plaintiff judgment against Defendant Fareway in such a sum

as shall be determined to fully and fairly compensate Plaintiff for all general, special, incidental

and consequential damages incurred, or to be incurred, by Plaintiff as the direct and proximate

result of the acts and omissions of Defendant, together with interest thereon, as provided by law;

2. That the court award Plaintiff her costs and disbursements incurred herein; and

3. That the Court award such other and further equitable relief as it deems necessary

and proper under the circumstances.

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 JURY DEMAND

Plaintiff hereby demands a trial by jury in this matter.

Dated: February 16, 2018 PRITZKER HAGEMAN, P.A.

By: /s/ Ryan M. Osterholm

Ryan M. Osterholm (MN #0390152)
(Pro Hac Vice Forthcoming)
Lindsay Lien Rinholen (MN # 0397560)
(Pro Hac Vice Forthcoming)
45 South Seventh Street
Minneapolis, MN 55402
Telephone (612) 338-0202
Facsimile (612) 338-0104
ryan@pritzkerlaw.com
Lindsay@pritzkerlaw.com

-and-

/s/ Matthew D. Gardner

Matthew D. Gardner AT0002792
Gardner Law Firm, P.C.
2900 – 100th St., Ste. 207
Urbandale, IA 50322
E: matt@gardnerlawpc.com
T: (515) 421-4411
F: (800) 941-4150

Attorneys for Plaintiff