DRAYTON v. PILGRIM'S PRIDE CORP.

Civil Action Nos. 03-2334, 03-3500, 04-3577, 04-3974.

472 F.Supp.2d 638 (2006)

Lawese DRAYTON, Individually and as Personal Representative of the Estate of Raymond Drayton, Deceased v. PILGRIM'S PRIDE CORPORATION and Jack Lambersky Poultry Co., Inc., d/b/a J.L. Foods Co., Inc. Laron Harvey, a Minor, by His Mother and Guardian, Shakandra Hampton, and Shakandra Hampton v. Pilgrim's Pride Corporation and Jack Lambersky Poultry Co., Inc. Jody Levonchuck, Administrator of the Estate of Joseph Cusato, Deceased v. Pilgrim's Pride Corporation and Jack Lambersky Poultry Co., Inc., d/b/a J.L. Foods Co., Inc. Patricia Niemtzow, Individually and as Personal Representative of the Estate of Frank Niemtzow, Deceased v. Wampler Foods, a wholly owned: subsidiary of Pilgrim's Pride Corporation, a Delaware Corporation, and Jack Lambersky Poultry Company, Inc., a New Jersey Corporation d/b/a J.L. Foods Co., Inc.

United States District Court, E.D. Pennsylvania.

May 4, 2006.


Attorney(s) appearing for the Case

Shanon J. Carson, Berger & Montague Pc, Philadelphia, PA, for Plaintiff Lawese Drayton Individually and as Personal Rep resentative of the Estate of Raymond Drayton, Deceased.

John J. O'Donnell, Lavin O'Neil Ricci Cedrone & Disipio, Joseph E. O'Neil, Lavin Coleman O'Neill Ricci Finarelli & Gray, Philadelphia, PA, for Defendants Pilgrim's Pride Corporation, Jack Lambersky Poultry Company, Inc. Doing Business as J.L. Foods Co., Inc.

David G. Wix, Michael A. Pollard, Michael J. Wagner, Baker and Mckenzie, Chicago, IL, for Defendant: Pilgrim's Pride Corporation.

Craig J. Compoli, Jr., Elliot Turrini, Gerard P. Deveaux, Michael J. Marone, Mcelroy, Deutsch & Mulvaney, Llp, Morristown, NJ, Edward J. Depascale, Maureen L. Goodman, Thomas F. Mcguane, Mcelroy, Deutsch, Mulvaney & Carpenter, Llp, Morristown, NJ, Gary S. Williams, Jenkins Robinson Wolf & Rubinate, John P. Lavelle, Ballard Spahr Andrews & Ingersoll Llp, Philadelphia, PA, Guy A. Donatelli, Lamb & McErlane, P.C., West Chester, PA, for Defendant Jack Lambersky Poultry Company, Inc. Doing Business as J.L. Foods Co., Inc.


MEMORANDUM AND ORDER

SAVAGE, District Judge.

The two defendants, who the Centers for Disease Control and Prevention determined had produced turkey products tainted with a strain of Listeriosis1 of the same type that caused the deaths and injuries in these food product liability cases, have moved for summary judgment. Each defendant contends that the plaintiffs cannot establish that it caused the injuries because they are...

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