A woman from St. Augustine is seeking justice after allegedly falling ill due to contaminated cucumbers. Melissa Milligan filed a complaint on July 10, 2024, in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, against Fresh Start Produce Sales, Inc., Bedner Growers, Inc., and unnamed defendants John Does 1-10.
According to the court documents, Milligan claims that she contracted a severe Salmonella infection after consuming cucumbers purchased from Publix Super Markets at Shoppes at Murabella in St. Augustine. The cucumbers were distributed by Fresh Start Produce Sales and grown by Bedner Growers. The lawsuit states that these companies failed to ensure their products were free from contamination, resulting in Milligan's illness.
The Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) have been investigating a multistate outbreak of Salmonella Africana and Salmonella Braenderup infections since early 2024. The investigation revealed that cucumbers grown by Bedner Growers were likely sources of the outbreak. An FDA inspection found Salmonella Braenderup in untreated canal water used by Bedner Growers, which matched the strain causing illnesses across multiple states.
Milligan alleges that she began experiencing symptoms consistent with a Salmonella infection on June 10, 2024, including nausea, abdominal cramping, diarrhea, fever, muscle aches, fatigue, headache, and a urinary tract infection. Despite seeking medical treatment and undergoing tests confirming her diagnosis of Salmonella infection, her condition continued to deteriorate.
The lawsuit accuses Fresh Start Produce Sales and Bedner Growers of strict liability for distributing defective products unfit for human consumption due to contamination with dangerous bacteria. It also claims breach of express and implied warranties regarding the safety of their food products and negligence in failing to adhere to safety standards during manufacturing and distribution processes.
Milligan seeks compensation for general damages exceeding $50,000 exclusive of costs and attorney’s fees. She demands relief for all incidental expenses incurred due to her illness and any further relief deemed just by the court.
Representing Milligan are attorneys Jordan L. Chaikin from Chaikin Law Firm PLLC in Naples, Florida, and William D. Marler from Marler Clark LLP PS in Bainbridge Island, Washington.