Galveston residents file suit against Conagra over tainted peanut butter

John Suayan, Galveston Bureau Feb. 2, 2011, 5:00am

GALVESTON – A group of Galveston County residents are suing Congra Foods Inc. over allegedly tainted peanut butter.

According to court papers filed Jan. 13 in Galveston County Court at Law No. 1, plaintiffs Jimmy Spurlock, Linda Spurlock, Alan Funkhouser and his daughter Talia Dae Funkhouser became ill four years ago after eating Peter Pan Peanut Butter sold by Conagra.

The Funkhousers ate the peanut butter and became ill in December 2006 while the Spurlocks did the same a month later, the original petition says.

"The defendant sold the Peter Pan Peanut Butter to the plaintiffs and being in the business of selling such food items had knowledge that the plaintiffs were buying such for their personal consumption and were relying on the defendant's skill or judgment to prepare and offer such goods fit for that purpose," the suit states.

"The defendant delivered goods that were unfit for human consumption and breached the implied warranty that such goods were fit for human consumption. The defendant has notice of its breach of warranty and the plaintiffs' injuries."

Each of the complainants insists that they experienced physical pain, suffering and impairment. In addition, Linda Spurlock says that she incurred lost wages.

Consequently, they seek unspecified monetary damages.

Attorneys David A. Slaughter of Houston and Paul G. Ash of Dickinson are representing the plaintiffs.

The case has been assigned to Galveston County Court at Law No. 1 Judge John Grady.

Cause No. 64,484

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