4/2/2018 2:16 PM 18CV12858 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No. COMPLAINT FACTUAL ALLEGATIONS

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1 // : PM CV1 1 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY MAESEL DORN, Plaintiff, v. PACIFIC FOODS OF OREGON, LLC, Defendant. Case No. COMPLAINT Negligence Per Se Negligence Not Subject to Mandatory Arbitration Amount in Controversy: $00,000 Fee Authority: ORS.0(1)(c) Jury Trial Requested Filing Fee: $0 1. FACTUAL ALLEGATIONS Plaintiff Maesel Dorn (Mrs. Dorn) is a -year-old woman living in the Portland, Oregon area. Defendant Pacific Foods of Oregon, LLC (Pacific Foods) is an Oregon limited liability company. This complaint s allegations are based on personal knowledge as to Mrs. Dorn s own behavior and are made on information and belief as to the behavior of others. COMPLAINT Page 1 of

2 . On January,, Mrs. Dorn opened a carton of Pacific Foods organic roasted red pepper tomato soup that she had recently purchased from her local Wood Village Fred Meyer store. Mrs. Dorn poured a small amount of Pacific Foods soup into a cup and warmed it in the microwave. Then she drank the soup. The night of January,, Mrs. Dorn became violently ill, and was awakened by acute physical symptoms and severe ongoing sickness. Her body was weak and she couldn t stand up. She experienced mild hallucinations and had continuous liquid stool. Mrs. Dorn was eventually able to gather the strength to crawl back in bed. A photograph of Mrs. Dorn s Pacific Foods soup carton is below. COMPLAINT Page of

3 . On January,, Mrs. Dorn did not eat any of the Pacific Foods soup. On January,, Mrs. Dorn again poured a small amount of Pacific Foods soup into a cup, when suddenly something black fell from the carton, followed by the mouseintestine-like foreign object pictured below.. Mrs. Dorn was shocked and sickened by what she saw. She immediately took pictures documenting the foreign object and called Pacific Foods. After three calls, Mrs. Dorn was finally able to speak with a live person. COMPLAINT Page of

4 . Pacific Foods told Mrs. Dorn to return the foreign object in a zip locked bag to the Fred Meyer store. Pacific Foods promised Mrs. Dorn that a Pacific Foods employee would pick up the foreign object for testing from Fred Meyer in the next few days. Mrs. Dorn followed Pacific Foods s instructions and returned the foreign object to the Fred Meyer store along with the carton. Despite receiving assurances from Pacific Foods that the foreign object was being tested, Mrs. Dorn eventually came to find out that she had been given the run around. On March,, Mrs. Dorn received a troubling from Pacific Foods indicating that Pacific Foods had broken its promise to Mrs. Dorn by failing to ever pick up the foreign object from Fred Meyer. When Mrs. Dorn called Pacific Foods to have the foreign object tested by the health department, she was told the foreign object was now missing and could not be located. Upon discovery of evidence of Pacific Foods s cover up, Mrs. Dorn intends to amend this complaint to include a claim for punitive damages. COMPLAINT Page of

5 . CAUSES OF ACTION Claim 1 Negligence Mrs. Dorn reincorporates the allegations above. Pacific Foods had a duty to exercise reasonable care and take precautions to prevent foreseeable risk of injury to consumers of its soup products. The injuries Mrs. Dorn suffered from the foreign object in the soup were a direct result of Pacific Foods s unreasonable and negligent behavior because Pacific Foods knew or should have known about the hazards and risks of a foreign object in its soup, and failed to provide adequate safeguards for preventing harmful substances from being placed into its soup, and Pacific Foods failed to undertake adequate precautions that would have allowed for safe eating and digesting of the soup, and Pacific Foods failure to adequately inspect the soup and failed to properly keep harmful objects out of the soup. As a result of Pacific Foods s negligence, Mrs. Dorn suffered injuries as alleged in this complaint, all of which were reasonably foreseeable. COMPLAINT Page of

6 . Claim Negligence Per Se Mrs. Dorn reincorporates the allegations above. Oregon law prohibits the manufacture and sale of any food that is adulterated. A food is deemed adulterated if it contains any deleterious substance that may render it injurious to health. A food also is deemed adulterated if it contains any nonnutritive substance. Pacific Foods had a duty to exercise reasonable care and to take precautions to prevent foreseeable risk of injury to consumers of its soup products. The injuries Mrs. Dorn suffered from the foreign object in the soup were a direct result of Pacific Foods s unreasonable and negligent behavior because Pacific Foods knew or should have known about the hazards and risk of a foreign object in its soup, and failed to provide adequate safeguards for preventing harmful substances from being placed into its soup, and Pacific Foods failed to undertake adequate precautions that would have allowed for safe eating and digesting of the soup, and Pacific Foods failure to adequately inspect the soup and failed to properly keep harmful objects out of the soup. By manufacturing adulterated soup that contained a nonnutritive foreign object injurious to health, Pacific Foods violated Oregon law. As a consumer, Mrs. Dorn is the type of person intended to be protected by the Oregon law Pacific Foods violated. By virtue of its violation of Oregon law as alleged in this complaint, Pacific Foods was negligent per se, causing Mrs. Dorn injuries as alleged in this complaint, all of which were reasonably foreseeable. COMPLAINT Page of

7 . PRAYER FOR RELIEF After a determination that Pacific Foods breached its duty to Mrs. Dorn causing her a loss of $00,000, Mrs. Dorn requests a money judgment against Pacific Foods in her favor for $00,000 plus interest. Mrs. Dorn also seeks any further relief this Court may deem fair and proper. Mrs. Dorn reserves her right to add additional claims and additional defendants to this lawsuit as information is learned in discovery. DEMAND FOR JURY TRIAL Mrs. Dorn respectfully demands trial by jury. April, RESPECTFULLY FILED, /s/ Michael Fuller Michael Fuller, OSB No. 0 Lead Trial Attorney for Plaintiff OlsenDaines US Bancorp Tower 1 SW th Ave., Suite 0 Portland, Oregon michael@underdoglawyer.com Direct COMPLAINT Page of