On August 26, 2021, Jeff Spano, Debbie Spano and C.S (collectively “Spano” or “Plaintiffs''), represented by David D. Rapp of Eggleston King LLP, filed a personal injury lawsuit against Whole Foods, Inc. (“Whole Foods” or “Defendant''), seeking general, economic, treble, and punitive and/or exemplary damages along with attorneys’ fees for alleged negligent behaviour and breach of duties by the Defendant. This case was filed in U.S. District Court in the Western District of Texas.
In its complaint, the Plaintiffs alleged that, “The WHOLE FOODS commercial bakery manufactured, baked, packaged, and sold cupcakes labelled as vegan. The WHOLE FOODS bakery would print and affix adhesive labels for the vegan product packaging listing the eight or more most common ingredients to which humans are allergic.”
The Plaintiffs further alleged that, “On prior occasions, Plaintiff, DEBBIE SPANO, had purchased for her son, minor Plaintiff C.S., WHOLE FOODS vegan products from the Port Chester store. In doing so, Plaintiff, DEBBIE SPANO specifically relied upon the accuracy of the product labels, the accompanying signage, and WHOLE FOODS’ placement of the cupcakes in an area made distinct from the non-vegan baked goods. Plaintiff, DEBBIE SPANO relied upon the vegan labels as proof that the goods in question did not contain the allergens to which C.S. was allergic. Minor-Plaintiff, C.S., did not experience allergic reactions to cupcakes and other WHOLE FOODS baked goods bearing the vegan label.”
The Plaintiff further alleged that, “Minor-Plaintiff, C.S. consumed part of a vegan cupcake purchased from WHOLE FOODS. Minor-Plaintiff, C.S., thereafter experienced the onset of anaphylaxis in front of his school age friends (hereinafter the “Incident”). DEBBIE SPANO administered epinephrine while awaiting the arrival of first responders for transport of Minor Plaintiff C.S. to the local emergency department. Minor Plaintiff C.S. was treated and released that evening.”
The Plaintiffs laid down ten claims for relief. The first claim deals with the alleged negligent behaviour by the Defendants for providing inaccurate labeled food for sale. The second claim is for alleged strict product liability. The third and fourth claims deal with the alleged manufacturing defect and marketing defect of the labeled food products provided by the Defendants. The fifth and sixth claims are for alleged breach of expressed and implied warranty by the Defendants. The seventh claim is for alleged loss of consortium suffered by the Plaintiffs. The eighth claim deals with alleged vicarious liability. The ninth claim is for allegedly deceptive acts and practices (N.Y. GEN LAW 349 ET. SEQ., 350, 350-A, 350-E). The tenth claim is for alleged defective trade practices (Texas Business and Commerce Code Sec. 17.50 ET. SEQ.).
In the prayer for relief, the Plaintiffs have requested the Court for past and future general, economic damages and treble damages as per Texas Business and Commerce Code Sec. 17.50. The Plaintiffs also requested the Court for exemplary and/or punitive damages along with reasonable attorneys’ fees.
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Pending - Other Pending
Personal Injury - Other Product Liability
David A. Ezra
Whole Foods, Inc.
David D. Rapp
Attorney at Eggleston King LLP
102 Houston Ave., Suite 300
Weatherford, TX 76085
Attorney at DeShazo & Nesbitt, LLP
809 West Avenue
Austin, TX 78701
Civil Cover Sheet Civil Cover Sheet
Docket(#6) ORDER TRANSFERRING this cause to the docket of the Honorable David A. Ezra, United States District Judge, for all purposes. Judge Robert Pitman no longer assigned to case. Signed by Judge Robert Pitman. (lt) (Entered: 09/08/2021)[+] Read More [-] Read Less
Docket(#5) WAIVER OF SERVICE Returned Executed by Whole Foods, Inc. as to All Defendants. (DeShazo, Scott) (Entered: 09/03/2021)[+] Read More [-] Read Less
DocketNotice of Correction: re #4 Request for Issuance of Summons. This filing includes a fillable form. Fillable Forms must be flattened to permanently affix any signatures, or other items added to the document to include the case style, party names, dates, etc. This step should be performed prior to filing your documents through CM/ECF. Instructions are on the Court's website on the CM/ECF page under Training, "Printing to PDF." The Clerk's Office has flattened this form. No further action required. Please take note for future filing purposes. (lt) (Entered: 09/03/2021)[+] Read More [-] Read Less
Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Debbie Spano, Jeff Spano. (Rapp, David) (Main Document 4 replaced on 9/3/2021 to flatten form) (lt). Modified on 9/3/2021 (lt). (Entered: 09/03/2021)[+] Read More [-] Read Less
Docket(#3) Certificate of Interested Parties by Debbie Spano, Jeff Spano. (Rapp, David) (Entered: 08/31/2021)[+] Read More [-] Read Less
DocketDEMAND for Trial by Jury by Debbie Spano, Jeff Spano. (cj) (Entered: 08/27/2021)[+] Read More [-] Read Less
DocketIf ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (cj) (Entered: 08/27/2021)[+] Read More [-] Read Less
DocketCase assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) (Entered: 08/27/2021)[+] Read More [-] Read Less
Docket(#2) Certificate of Interested Parties by C.S., a minor, Debbie Spano, Jeff Spano. (Rapp, David) (Entered: 08/26/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15160805), filed by Jeff Spano, C.S., a minor, Debbie Spano. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Rapp, David) (Attachment 1 replaced and flattened on 8/27/2021) (cj). (Entered: 08/26/2021)[+] Read More [-] Read Less