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Proposed class-action lawsuit filed in Manitoba regarding salmonella-contaminated cantaloupe...

Proposed class-action lawsuit filed in Manitoba regarding salmonella-contaminated cantaloupe...

By Omayma othmani

Published: January 4, 2024

A woman from Ontario who got sick after eating cantaloupe is the lead plaintiff in the second proposed class-action lawsuit filed over salmonella infections linked to cantaloupe across the country.

The statement of claim filed in the King's Bench Court in Manitoba says Michelle Lee Janie, a resident of the country, suffered abdominal cramps, diarrhea, and vomiting in early November after eating cantaloupe she believes was contaminated with salmonella.

"The combination of these symptoms is unusual for the plaintiff, especially vomiting," according to the document submitted by the London, Ontario-based company Siskinds Law Firm on December 22. The company said there are strategic reasons to file the case in Manitoba but did not elaborate.

A proposed class-action lawsuit related to contaminated cantaloupe was filed in Quebec earlier in December, while a third lawsuit remains pending in British Columbia.

The lawsuit filed in Manitoba names the Mexican company Malichita, which cultivated the watermelon, and two American companies – Trufresh in Nogales, Arizona, and Dulcinea based in Los Angeles – that imported and distributed the fruit for sale in Canada and elsewhere. It alleges that the three defendants were negligent in their failure to test the cantaloupe before it ended up in stores or restaurants, violating consumer protection laws.

Canada's public health agency said in its latest update last month that seven people in Canada have died due to salmonella linked to cantaloupe, and there were 164 laboratory-confirmed cases across eight provinces, 111 of them in Quebec. It said the majority of those who fell ill were between five years and younger, and 65 and over.

Recalls issued in November...

The Canadian Food Inspection Agency first issued recall warnings on November 1, which were later expanded to include cantaloupes from the Malichita and Rudy brands, as well as various types of pre-cut cantaloupe and fruit trays sold in stores.

Bridget Moran, Janie's lawyer, said the 52-year-old woman was sick for 10 days after eating the cantaloupe.

She also said the three defendants have not yet received court documents. Moran noted they may not need to file statements of defense until the lawsuit is certified, if that happens.

Dulcinea did not respond to a request for comment, and representatives of Malichita could not be reached.

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