Tainted cantaloupe suit against Kroger filed in Jefferson County

David Yates Nov. 3, 2011, 7:00am

A wrongful death suit alleging Kroger sold a tainted cantaloupe has been filed in Jefferson County District Court.

Representing the estate of David Fontenot, Barbara Fontenot filed the suit Nov. 1 against Jensen Farms, Frontera Produce and Kroger.

According to the lawsuit, David Fontenot was admitted to Christus Hospital St. Elizabeth on Aug. 18, allegedly as a result of eating cantaloupe purchased from Kroger. Two weeks later, he died from meningitis sepsis due to listeria.

The suit sates that the Colorado Department of Public Health announced in September that an outbreak of listeria was linked to cantaloupe from the Rocky Ford growing region.

"It is believed the cantaloupe was distributed by defendants Jensen Farms and Frontera Produce to defendant Kroger on or before Aug. 8, 2011, when it was sold to plaintiff Barbara Fontenot," the suit states.

David Fontenot's family alleges the defendants negligently sold and distributed the tainted cantaloupe.

They are represented by the Law Offices of Gilbert T. Adams in Beaumont.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E191-286

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