A class action lawsuit in Fayette County, Pennsylvania over the pet food recalls may be transferred to federal court.
A Menu Foods attorney filed paperwork this week to enter the case in U.S. District Court in Pittsburgh, although James T. Davis, the attorney representing the pet owners, said he anticipates the case eventually will be taken up in another federal jurisdiction.
In the suit, three Fayette County residents allege that Menu Foods distributed tainted pet food which killed or sickened three dogs and a cat.
Donald and Delores Stimmel’s two dogs, Cosmo and Bino, died from eating Menu Foods wet food. Ruth Beal’s dog, Speedy, and Lori Wilson’s cat, Faith, both became ill and suffered kidney failure after eating recalled pet food.
As many as 62 other potential people may join in the class-action lawsuit. The suit asks for a multimillion-dollar award.
The suit alleged that Menu Foods “fraudulently represented that the cat and dog food offered for sale and purchased by the plaintiffs and others similarly situated for their pets was not tainted and fit for their consumption.”
Davis claimed that Menu Foods never alerted people about the tainted pet food. He said that Menu Foods knew, but they did not tell his clients and others about the contaminated food.
One of the counts in the suit is intentional infliction of emotional distress.
Davis also stated that all of his clients have suffered from numerous mental side effects including: “mental anguish, nervous shock, embarrassment, shame and humiliation, and may be required to undergo extensive medical treatment in order to overcome the emotional distress which they have suffered.”