A New York family filed suit against ConAgra this afternoon in United States District Court for the Western District of New York. The lawsuit was filed by Marler Clark, the Seattle law firm that filed a similar lawsuit on behalf of a Missouri family early Friday, and Rochester, New York, attorney Paul Nunes. Plaintiffs in the lawsuit are Nicolas Avalone and Tracy Hubright of Ontario, New York.
Mr. Avalone and the couple’s son are two of at least 300 people who have become ill with Salmonella infections after eating Peter Pan or Great Value peanut butter that was produced in ConAgra’s Georgia plant. All Peter Pan and Great Value peanut butter with a lot code of 2111 was recalled on February 14, after an investigation by the Centers for Disease Control and Prevention revealed that the peanut butter was the source of a nationwide outbreak of Salmonella illnesses.