Preview
MON-L-001642-22 06/15/2022 4:40:02 PM Pglof7 Trans ID: LCV20222275658
MARTIN KANE & KUPER
Attorneys at Law
James D. Martin, Attorney ID No. 008521975
180 Tices Lane
Building B, Suite 200
East Brunswick, NJ 08816
(732) 214-1800
(732) 214-0307 (Fax)
Attorneys for Plaintiff, Alexandra Logg
ween ence eee nen ee ene,
ALEXANDRA LOGG
SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION —
MONMOUTH COUNTY
vs. Docket No:
TRADER JOE’S COMPANY;
CHELTON HOUSE HOLDINGS; ABC Civil Action
COMPANIES and/or CORPORATIONS,
|-5
and JOHN DOES, 1-5. COMPLAINT
and JURY DEMAND
Defendants.
penne n en cee nee enna
neem,
Plaintiff, Alexandra Logg (“Plaintiff”), residing at Asbury Park, State of New Jersey, by
way of complaint against the above-named Defendants, alleges and says:
INTRODUCTION
1 At all times relevant hereto, Trader Joe’s was and is a corporation having a place
of business located in Brick, New Jersey.
2. At all times relevant hereto, Trader Joe’s was and is engaged in the sale of various
produce, food and other products meant for human consumption.
3 At all times relevant hereto, Chelton House Holdings and/or ABC Companies
and/or Corporations,1-5 and/or John Does, 1-5 (who are as yet unidentified) were manufacturers,
MON-L-001642-22 06/15/2022 4:40:02 PM Pg2of7 Trans ID: LCV20222275658
producers, sellers and/or distributors engaged in the production and distribution of “Trader Joe’s
Kale & Cauliflower Chili with Navy Beans.”
4 At all times relevant hereto, Chelton House Holdings and/or ABC
Companies/Corporations, 1-5 and/or John Does, 1-5 sold the product aforesaid to Trader Joe’s
for resale to the public.
5 On or about October 2021, the Plaintiff entered Trader Joe’s store in Brick, New
Jersey, and purchased “Trader Joe’s Kale & Cauliflower Chili with Navy Beans.”
6 When Plaintiff subsequently consumed the “Trader Joe’s Kale & Cauliflower
Chili with Navy Beans” in the usual and customary manner, Plaintiff became aware that she had
swallowed a dangerous and deleterious foreign substance, including loose or broken glass, which
was contained within the contents of the product aforesaid.
7 Plaintiff sustained serious bodily injury as a proximate result of swallowing the
loose or broken glass contained in the product aforesaid.
8 At some point after Plaintiff purchased the “Trader Joe’s Kale & Cauliflower
Chili with Navy Beans,” Trader Joe’s was informed by Chelton House Holdings and/or ABC
Companies/Corporations, 1-5 and/or John does,1-5 that the product aforesaid contained
dangerous and deleterious foreign substances, including broken or loose glass.
9 At some point after Trader Joc’s was informed that the product aforesaid
contained dangerous and deleterious foreign substances, Trader Joe’s posted a notice in its store
acknowledging that it sold “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” that
contained glass, and requesting customers to discard them.
10. Plaintiff never received the notice aforesaid because she purchased the defective
product from Trader Joe’s before Trader Joe’s posted any warning as described above.
MON-L-001642-22 06/15/2022 4:40:02 PM Pg3o0f7 Trans ID: LCV20222275658
FIRST COUNT
11. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
1-11, as if fully set forth at length herein.
12. At all times relevant hereto, chelton House Holdings and/or ABC
Companies/Corporations, 1-5 and/or John Does, 1-5, manufactured, packaged and sold a product
known as “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” which it distributed and
sold to Trader Joe’s for resale to the public.
13. At all times relevant hereto, Chelton House Holdings and/or ABC
Companies/Corporations, 1-5 and/or John Does, 1-5, contemplated and intended that Trader
Joe’s would sell the product aforesaid to consumers for human consumption, and it warranted
that such product was fit and proper for human consumption, and that the same contained no
dangerous or deleterious materials or substances.
14. Prior to consuming the “Trader Joe’s Kale & Cauliflower Chili with Navy
Beans,” Plaintiff relied on the implied warranty of the Defendants, arising from the sale and
distribution of the product aforesaid to Trader Joe’s for the purpose of having it retailed to the
public for human consumption.
15. In furnishing the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” with
the broken glass therein, the Defendants had knowledge and intended that the same was to be
used for human consumption, and was charged with knowledge that glass was contained therein.
16. In selling and distributing the “Trader Joe’s Kale & Cauliflower Chili with Navy
Beans” with glass therein, the Defendants, by its agents, employees and servants, then and there
acting for it within the course of their employment and in furtherance to Defendants business,
MON-L-001642-22 06/15/2022 4:40:02 PM Pg4of7 Trans ID: LCV20222275658
Defendants breached the implied warranty aforesaid and became liable for all damages to
Plaintiff resulting therefrom.
17. The injuries to Plaintiff proximately resulted from Defendants breach of implied
warranty aforesaid, and such injuries might reasonably have been expected and contemplated to
arise from such breach as a natural and probable consequence thereof, and the injuries were
proximately caused by and resulted therefrom.
WHEREFORE, the Plaintiff demands judgment against Defendant Chelton House
Holdings and/or ABC Companies/Corporations 1-5, and/or John Does 1-5, for damages, together
with interest and costs of suit.
SECOND COUNT
18. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
1-18, as if fully set forth at length herein.
19, The “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” was not
reasonably fit, suitable or safe for human consumption.
20. The “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” was defective
within the meaning of N.J.S.A. 2A:58C-1, et seq.
21. At all times relevant hereto, Defendants owed a duty to exercise reasonable care
in the design, manufacture, inspection, distribution and sale of the product aforesaid.
22. At all times relevant hereto, Defendants did so carelessly, negligently and
recklessly manufacture, design, construct, make, install, assemble, inspect, sell, distribute, retail
and/or otherwise place or cause to be placed into the stream of commerce a
certain product known as “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” which
contained dangerous and deleterious foreign substances.
MON-L-001642-22 06/15/2022 4:40:02 PM Pg5of7 Trans ID: LCV20222275658
23. At all times relevant hereto, Defendants negligently failed to properly inspect the
product aforesaid and the contents thereof, before selling and distributing it, when a reasonable
and proper inspection thereof by Defendants would have disclosed dangerous and deleterious
foreign substances contained therein.
24. Defendants, by their agents and employees acting for them in the course of their
employment and in furtherance of Defendants’ business, knew, or in the exercise of reasonable
care and diligence should have known that the product aforesaid contained dangerous and
deleterious foreign substances.
25. The negligent acts and omissions of Defendants, by their servants, agents and
employees, severally, collectively and concurrently proximately caused and resulted in the
bodily injuries to the Plaintiff as herein alleged.
WHEREFORE, the Plaintiff demands judgment against all Defendants for damages,
together with interest and costs of suit.
THIRD COUNT
26. Plaintiff repeats and realleges each and every allegation contained in Paragraphs
1-26, as if fully set forth at length herein.
27. Plaintiff used the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” for
its intended or reasonably foreseeable purpose.
28. Plaintiff's consumption of the product aforesaid proximately caused her to sustain
serious bodily injury.
29, Each Defendant had an independent obligation to know, analyze and disclose
whether the product aforesaid was safe for human consumption.
MON-L-001642-22 06/15/2022 4:40:02 PM Pg6of7 Trans ID: LCV20222275658
30. The product aforesaid was defective in that in contained dangerous and
deleterious foreign substances, including loose or broken glass, not meant for human
consumption.
31. Defendants knew or should have known by the exercise of reasonable due
diligence that the product aforesaid contained dangerous and deleterious foreign substances.
32. As a direct and proximate result of the breaches of the duties owed by Defendants
to Plaintiff set forth above, Plaintiff was proximately caused to sustain serious bodily injury.
33. Each of the Defendants is jointly and severally liable to Plaintiff under the strict
liability standards set forth in the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, ef seq.
WHEREFORE, the Plaintiff demands judgment against all Defendants for damages,
together with interest and costs of suit.
JURY DEMAND
PLEASE TAKE NOTICE that pursuant to R. 4:35-1, Plaintiff demands a trial by jury as
to all issues.
CERTIFICATION OF NO OTHER ACTIONS
Pursuant to R. 4:5-1(b)(2), it is hereby stated that the matter in controversy is not the
subject of any other action pending in any other court or of a pending arbitration proceeding to
the best of our knowledge or belief. Also, to the best of our belief, no other action or arbitration
proceeding is contemplated. Further, other than the parties set forth in this pleading, we know of
no other parties that should be joined in the above action. In addition, we recognize the
continuing obligation of each party to file and serve on all parties and the court an amended
certification if there is a change in the facts stated in this original certification.
MON-L-001642-22 06/15/2022 4:40:02 PM Pg7of7 Trans ID: LCV20222275658
DEMAND FOR DISCOVERY OF INSURANCE COVERAGE
Pursuant to R. 4:10-2(b), demand is hereby made that the Defendants disclose to
Plaintiffs attorney within fifty (50) days of service of this Complaint whether there are any
insurance agreements or policies under which any person or firm carrying on an insurance
business may be liable to satisfy part, or all, or a judgment. Defendants must provide to
Plaintiff's attorney true copies of such insurance agreements or policies including, but not
limited to, any and all declaration sheets. This demand shall be deemed to include and cover, not
only primary coverage but also any and all excess and umbrella policies.
DEMAND FOR ANSWERS TO INTERROGATORIES
Demand is hereby made for fully responsive answers to Form C and Form C(3)
Interrogatories appearing in Appendix II to the Rules of Court.
DEMAND FOR PRODUCTION #1
(attached)
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:5-1(c), James D. Martin, Esq., is designated as trial counsel for Plaintiff
in the above matter.
MARTIN KANE KUPER
inf
C
Attorne s for Pla ene
/
”
By:
James D. Martin
Dated: 6/15/22
MON-L-001642-22 06/15/2022 4:40:02 PM Pglof1 Trans ID: LCV20222275658
Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-001642-22
Case Caption: LOGG ALEXANDRA VS TRADER JOE'S Case Type: PERSONAL INJURY
COMPANY Document Type: Complaint with Jury Demand
Case Initiation Date: 06/15/2022 Jury Demand: YES - 12 JURORS
Attorney Name: JAMES D MARTIN Is this a professional malpractice case? NO
Firm Name: MARTIN KANE KUPER, LLC Related cases pending: NO
Address: 180 TICES LN BLDG B, STE 200 If yes, list docket numbers:
EAST BRUNSWICK NJ 088160000 Do you anticipate adding any parties (arising out of same
Phone: 7322141800 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Logg, Alexandra Does this case involve claims related to COVID-19? NO
Name of Defendant's Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: Alexandra Logg? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
06/15/2022 /s/ JAMES D MARTIN
Dated Signed
Preview
MON-L-001642-22 06/15/2022 4:40:02 PM Pglof7 Trans ID: LCV20222275658 MARTIN KANE & KUPER Attorneys at Law James D. Martin, Attorney ID No. 008521975 180 Tices Lane Building B, Suite 200 East Brunswick, NJ 08816 (732) 214-1800 (732) 214-0307 (Fax) Attorneys for Plaintiff, Alexandra Logg ween ence eee nen ee ene, ALEXANDRA LOGG SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION — MONMOUTH COUNTY vs. Docket No: TRADER JOE’S COMPANY; CHELTON HOUSE HOLDINGS; ABC Civil Action COMPANIES and/or CORPORATIONS, |-5 and JOHN DOES, 1-5. COMPLAINT and JURY DEMAND Defendants. penne n en cee nee enna neem, Plaintiff, Alexandra Logg (“Plaintiff”), residing at Asbury Park, State of New Jersey, by way of complaint against the above-named Defendants, alleges and says: INTRODUCTION 1 At all times relevant hereto, Trader Joe’s was and is a corporation having a place of business located in Brick, New Jersey. 2. At all times relevant hereto, Trader Joe’s was and is engaged in the sale of various produce, food and other products meant for human consumption. 3 At all times relevant hereto, Chelton House Holdings and/or ABC Companies and/or Corporations,1-5 and/or John Does, 1-5 (who are as yet unidentified) were manufacturers, MON-L-001642-22 06/15/2022 4:40:02 PM Pg2of7 Trans ID: LCV20222275658 producers, sellers and/or distributors engaged in the production and distribution of “Trader Joe’s Kale & Cauliflower Chili with Navy Beans.” 4 At all times relevant hereto, Chelton House Holdings and/or ABC Companies/Corporations, 1-5 and/or John Does, 1-5 sold the product aforesaid to Trader Joe’s for resale to the public. 5 On or about October 2021, the Plaintiff entered Trader Joe’s store in Brick, New Jersey, and purchased “Trader Joe’s Kale & Cauliflower Chili with Navy Beans.” 6 When Plaintiff subsequently consumed the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” in the usual and customary manner, Plaintiff became aware that she had swallowed a dangerous and deleterious foreign substance, including loose or broken glass, which was contained within the contents of the product aforesaid. 7 Plaintiff sustained serious bodily injury as a proximate result of swallowing the loose or broken glass contained in the product aforesaid. 8 At some point after Plaintiff purchased the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” Trader Joe’s was informed by Chelton House Holdings and/or ABC Companies/Corporations, 1-5 and/or John does,1-5 that the product aforesaid contained dangerous and deleterious foreign substances, including broken or loose glass. 9 At some point after Trader Joc’s was informed that the product aforesaid contained dangerous and deleterious foreign substances, Trader Joe’s posted a notice in its store acknowledging that it sold “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” that contained glass, and requesting customers to discard them. 10. Plaintiff never received the notice aforesaid because she purchased the defective product from Trader Joe’s before Trader Joe’s posted any warning as described above. MON-L-001642-22 06/15/2022 4:40:02 PM Pg3o0f7 Trans ID: LCV20222275658 FIRST COUNT 11. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1-11, as if fully set forth at length herein. 12. At all times relevant hereto, chelton House Holdings and/or ABC Companies/Corporations, 1-5 and/or John Does, 1-5, manufactured, packaged and sold a product known as “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” which it distributed and sold to Trader Joe’s for resale to the public. 13. At all times relevant hereto, Chelton House Holdings and/or ABC Companies/Corporations, 1-5 and/or John Does, 1-5, contemplated and intended that Trader Joe’s would sell the product aforesaid to consumers for human consumption, and it warranted that such product was fit and proper for human consumption, and that the same contained no dangerous or deleterious materials or substances. 14. Prior to consuming the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” Plaintiff relied on the implied warranty of the Defendants, arising from the sale and distribution of the product aforesaid to Trader Joe’s for the purpose of having it retailed to the public for human consumption. 15. In furnishing the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” with the broken glass therein, the Defendants had knowledge and intended that the same was to be used for human consumption, and was charged with knowledge that glass was contained therein. 16. In selling and distributing the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” with glass therein, the Defendants, by its agents, employees and servants, then and there acting for it within the course of their employment and in furtherance to Defendants business, MON-L-001642-22 06/15/2022 4:40:02 PM Pg4of7 Trans ID: LCV20222275658 Defendants breached the implied warranty aforesaid and became liable for all damages to Plaintiff resulting therefrom. 17. The injuries to Plaintiff proximately resulted from Defendants breach of implied warranty aforesaid, and such injuries might reasonably have been expected and contemplated to arise from such breach as a natural and probable consequence thereof, and the injuries were proximately caused by and resulted therefrom. WHEREFORE, the Plaintiff demands judgment against Defendant Chelton House Holdings and/or ABC Companies/Corporations 1-5, and/or John Does 1-5, for damages, together with interest and costs of suit. SECOND COUNT 18. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1-18, as if fully set forth at length herein. 19, The “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” was not reasonably fit, suitable or safe for human consumption. 20. The “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” was defective within the meaning of N.J.S.A. 2A:58C-1, et seq. 21. At all times relevant hereto, Defendants owed a duty to exercise reasonable care in the design, manufacture, inspection, distribution and sale of the product aforesaid. 22. At all times relevant hereto, Defendants did so carelessly, negligently and recklessly manufacture, design, construct, make, install, assemble, inspect, sell, distribute, retail and/or otherwise place or cause to be placed into the stream of commerce a certain product known as “Trader Joe’s Kale & Cauliflower Chili with Navy Beans,” which contained dangerous and deleterious foreign substances. MON-L-001642-22 06/15/2022 4:40:02 PM Pg5of7 Trans ID: LCV20222275658 23. At all times relevant hereto, Defendants negligently failed to properly inspect the product aforesaid and the contents thereof, before selling and distributing it, when a reasonable and proper inspection thereof by Defendants would have disclosed dangerous and deleterious foreign substances contained therein. 24. Defendants, by their agents and employees acting for them in the course of their employment and in furtherance of Defendants’ business, knew, or in the exercise of reasonable care and diligence should have known that the product aforesaid contained dangerous and deleterious foreign substances. 25. The negligent acts and omissions of Defendants, by their servants, agents and employees, severally, collectively and concurrently proximately caused and resulted in the bodily injuries to the Plaintiff as herein alleged. WHEREFORE, the Plaintiff demands judgment against all Defendants for damages, together with interest and costs of suit. THIRD COUNT 26. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1-26, as if fully set forth at length herein. 27. Plaintiff used the “Trader Joe’s Kale & Cauliflower Chili with Navy Beans” for its intended or reasonably foreseeable purpose. 28. Plaintiff's consumption of the product aforesaid proximately caused her to sustain serious bodily injury. 29, Each Defendant had an independent obligation to know, analyze and disclose whether the product aforesaid was safe for human consumption. MON-L-001642-22 06/15/2022 4:40:02 PM Pg6of7 Trans ID: LCV20222275658 30. The product aforesaid was defective in that in contained dangerous and deleterious foreign substances, including loose or broken glass, not meant for human consumption. 31. Defendants knew or should have known by the exercise of reasonable due diligence that the product aforesaid contained dangerous and deleterious foreign substances. 32. As a direct and proximate result of the breaches of the duties owed by Defendants to Plaintiff set forth above, Plaintiff was proximately caused to sustain serious bodily injury. 33. Each of the Defendants is jointly and severally liable to Plaintiff under the strict liability standards set forth in the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, ef seq. WHEREFORE, the Plaintiff demands judgment against all Defendants for damages, together with interest and costs of suit. JURY DEMAND PLEASE TAKE NOTICE that pursuant to R. 4:35-1, Plaintiff demands a trial by jury as to all issues. CERTIFICATION OF NO OTHER ACTIONS Pursuant to R. 4:5-1(b)(2), it is hereby stated that the matter in controversy is not the subject of any other action pending in any other court or of a pending arbitration proceeding to the best of our knowledge or belief. Also, to the best of our belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading, we know of no other parties that should be joined in the above action. In addition, we recognize the continuing obligation of each party to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. MON-L-001642-22 06/15/2022 4:40:02 PM Pg7of7 Trans ID: LCV20222275658 DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to R. 4:10-2(b), demand is hereby made that the Defendants disclose to Plaintiffs attorney within fifty (50) days of service of this Complaint whether there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part, or all, or a judgment. Defendants must provide to Plaintiff's attorney true copies of such insurance agreements or policies including, but not limited to, any and all declaration sheets. This demand shall be deemed to include and cover, not only primary coverage but also any and all excess and umbrella policies. DEMAND FOR ANSWERS TO INTERROGATORIES Demand is hereby made for fully responsive answers to Form C and Form C(3) Interrogatories appearing in Appendix II to the Rules of Court. DEMAND FOR PRODUCTION #1 (attached) DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:5-1(c), James D. Martin, Esq., is designated as trial counsel for Plaintiff in the above matter. MARTIN KANE KUPER inf C Attorne s for Pla ene / ” By: James D. Martin Dated: 6/15/22 MON-L-001642-22 06/15/2022 4:40:02 PM Pglof1 Trans ID: LCV20222275658 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-001642-22 Case Caption: LOGG ALEXANDRA VS TRADER JOE'S Case Type: PERSONAL INJURY COMPANY Document Type: Complaint with Jury Demand Case Initiation Date: 06/15/2022 Jury Demand: YES - 12 JURORS Attorney Name: JAMES D MARTIN Is this a professional malpractice case? NO Firm Name: MARTIN KANE KUPER, LLC Related cases pending: NO Address: 180 TICES LN BLDG B, STE 200 If yes, list docket numbers: EAST BRUNSWICK NJ 088160000 Do you anticipate adding any parties (arising out of same Phone: 7322141800 transaction or occurrence)? NO Name of Party: PLAINTIFF : Logg, Alexandra Does this case involve claims related to COVID-19? NO Name of Defendant's Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: Alexandra Logg? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 06/15/2022 /s/ JAMES D MARTIN Dated Signed