Sheetz salmonella suit is settled out of court

The convenience-store chain still has another lawsuit pending.

HOLLIDAYSBURG, Pa. (AP) — A key lawsuit filed against Sheetz convenience stores over salmonella-tainted tomatoes was settled out of court for an undisclosed sum.

The suit was brought by Altoona resident Max Christian Anslinger, one of more than 400 people sickened by tomatoes sold on sandwiches and other foods at Sheetz stores in Pennsylvania and eight other states in 2004.

Anslinger’s case was notable because it was the vehicle for the complicated discovery process — the pretrial exchange of evidence — used to determine where the tomatoes originated, said Anslinger’s attorney, William Marler.

The settlement terms are confidential, according to Sheetz attorney Gary Zimmerman and Marler, who represented more than 130 of the sickened customers.

In August, Blair County Judge Jolene Kopriva concluded that Altoona-based Sheetz and its vegetable wholesaler, Coronet Foods, could not pinpoint where the tainted tomatoes originated. So, Kopriva dismissed claims brought by Anslinger and other customers against two tomato suppliers and six farms or other businesses that may have grown the tomatoes.

“Once, basically, the court has ruled that Sheetz can’t prove who produced the contaminated tomatoes there was no reason not to settle the Anslinger case,” Marler said Tuesday.

Sheetz is appealing Kopriva’s ruling to state Superior Court. If the court overturns it, Sheetz and Coronet could try to recoup their losses from other upstream tomato suppliers.

Sheetz, meanwhile, still has a lawsuit pending against Wheeling, W.Va.-based Coronet. Sheetz wants to be reimbursed for its costs in defending and settling hundreds of lawsuits, lost profits and other damages, Zimmerman said.

Now that Anslinger’s claim is settled against Sheetz, Zimmerman said only 10 customer claims remain, eight in Pennsylvania and two in Maryland. The Altoona Mirror first reported the settlement Tuesday.

Anslinger, a married father of two, suffers from gastrointestinal and arthritis problems caused by the salmonella, Marler said. His case was a “very typical” salmonella case, Marler said.

“In 15 years of doing these food cases, I thought the way Sheetz handled taking care of the clients was better, frankly, than any other company I’ve ever dealt with,” Marler said. “Not that they paid more money, but they stepped up quickly and took care of their customers.”