Subrogation Department Secures Six-Figure Settlement in Listeria Contamination Case

A bakery company that specializes in the private label sweet bakery products market sustained over $500,000 in losses when its inventory was exposed to Listeria Monocytogenes contamination. Circumstantial evidence strongly suggested it came from either the company’s supplier of dairy products or from within its own warehouse, since the dairy products in question first tested negative for listeria contamination once loaded off the delivery truck – and then positive roughly 24 hours later. Though liability was contested, given the conflicting test results, and though it could not be clearly determined if the listeria originated from the dairy supplier, the delivery truck itself, or from within the warehouse, Brian E. Tetro, a Partner in the Subrogation Department and member of the Food and Beverage Group, secured a favorable six figure settlement.