Kane County grocers fire back in lawsuits

Updated 12/13/2015 4:06 PM

A pair of Fox Valley grocery stores being sued by patrons who say they suffered injuries because of the stores' negligence are pushing back against the claims.

Attorneys for the Blue Goose Market in St. Charles filed court papers recently in response to an Elburn woman who is seeking more than $50,000 after biting into a piece of pie containing a cherry pit.


The grocer's defense? The pies aren't made on-site; Blue Goose buys them from a distributor and sells whole pies or cuts the pies into a smaller pieces for individual sale.

"All pies are purchased from food broker/distributors. Pies that are sold as slices are heated, sliced, packaged and sold at Blue Goose Super Market, Inc.," wrote defense attorney Michael Handley, who also has asked a judge to dismiss the complaint.

The lawsuit from Frances Kitz is in court Dec. 22.

Attorneys for Batavia-based Aldi submitted a defense for its location at 451 N. Randall Road, which is being sued by a Batavia woman who contends she was injured in August 2013 when a bottle of lemon juice toppled from a display and struck her.

Aldi defense attorney Martha Swatek argues in court papers it was actually the plaintiff, Carrie Markuson, who was negligent because she failed to be aware of her surroundings and potential hazards.

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Even if a judge or jury decided Aldi was liable, it should only have to pay 50 percent of the costs from the incident, the grocery company argues.

"At said time and place it was the duty of the plaintiff to act with due care for her own safety and in a manner so as not to injure or cause damage to herself," Swatek wrote.

The next court date is Jan. 6.

Kitz and Markuson are each seeking unspecified damages in excess of $50,000.

Helping hand needed

Elgin-based Administer Justice, which provides free legal service to low-income people and families, is seeking year-end donations.

The organization, which celebrated its 15th anniversary this year, has secured an anonymous donor that is offering a matching gift of up to $15,000 for monthly, recurring donations.

A monthly donation of $10 can help educate 80 families on their legal responsibilities and rights, the group says.

A $50 monthly donation allows three single moms who are victims of domestic violence prepare documents for their cases.


And $100 a month will provide extended representation for a human trafficking victim.

Deductions are tax deductible. Visit administerjustice.org or call (847) 844-1100.


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