New Jersey Supreme Court Affirms Dismissal of Food Poisoning Case
June 20, 2019 (Trenton, NJ) – In a New Jersey food poisoning case, Hawkins Parnell & Young secured a dismissal in trial followed by a victory on the appeal. On June 3, the Supreme Court of New Jersey denied Steven Picciano’s petition to appeal the dismissal. Roy Viola and Manuel Guevara represented Wawona Packing Company, a California grower of fruits.
This case arose when Picciano claimed he became sick as a result of consuming peaches contaminated with listeria. However, he could not produce evidence that any peaches grown by Wawona Packing Company were contaminated. He also provided no proof that the peaches he purchased from the warehouse store were even supplied by the grower. Accordingly, the trial court dismissed all claims. Picciano appealed to the New Jersey Appellate Division and was denied. His last recourse was to seek certification from the Supreme Court, but that was also denied. The case is now dismissed with prejudice.