COMPLAINT Page 1

9/30/2016 10:11:49 AM 16CV32124

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COUNTY OF MULTNOMAH

5 BRANDI SERVICE, an individual,

Case No.

6

Plaintiff,

COMPLAINT

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vs.

DAMAGES NOT TO EXCEED-$49,500.00

8 STARBUCKS CORPORATION, a foreign corporation; EVOLUTION FRESH INC., a

9 foreign corporation; THE DANNON COMPANY INC. a foreign corporation;

10 TAYLOR FRESH FOODS INC. a foreign corporation; TAYLOR FARMS PACIFIC

11 INC. a foreign Corporation

CLAIM SUBJECT TO MANDATORY ARBITRATION

DEMAND FOR JURY TRIAL

Filing Fee Pursuant: 21.160 (b)-$252.00

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Defendants.

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14 Plaintiff, BRANDI SERVICE ("Plaintiff") alleges:

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1.

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This claim is subject to mandatory arbitration due to the amount of the prayer.

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FACTS INCORPORATED INTO ALL CLAIMS BELOW

2. 18

STARBUCKS CORPORATION ("STARBUCKS") is a foreign corporation that operates 19

coffee shops in Multnomah County Oregon. 20

3. 21

EVOLUTION FRESH INC. ("EVOLUTION") is a subsidiary of STARBUCKS and a 22

foreign corporation that manufactures and markets Non-fat Greek Yogurt with Strawberries and 23

Granola under the name "Evolution Fresh" that is sold at STARBUCKS' locations. 24

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COMPLAINT ? Page 1

ROSS LAW L.L.C. 1207 SW 6th Ave

Portland, Oregon 97204 T: (503)-224-1658 ? 888-499-2575 (facsimile)

ross@ (email)

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4.

2

THE DANNON COMPANY INC. ("DANNON") manufactured some of the contents of

3 EVOLUTION'S Non-fat Greek Yogurt with Strawberries and Granola sold at STARBUCKS'

4 stores.

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5.

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TAYLOR FRESH FOODS INC, manufactured some of the contents of EVOLUTION'S

7 Non-fat Greek Yogurt with Strawberries and Granola sold at STARBUCKS' stores.

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6.

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TAYLOR FARMS PACIFIC INC. manufactured some of the contents of

10 EVOLUTION'S Non-fat Greek Yogurt with Strawberries and Granola sold at STARBUCKS

11 stores. TAYLOR FRESH FOODS INC. and TAYLOR FARMS PACIFIC INC. are collectively

12 referred to as "TAYLOR."

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7.

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At all times material, defendant STARBUCKS owned and operated a coffee shop that

15 regularly sold food at the premises located near the Fubonn Plaza 2834 SE 82nd Ave. Portland,

16 Oregon 97266, hereinafter "The Starbucks."

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8.

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Shortly before December 9, 2015, Defendants EVOLUTION, DANNON, and/or

19 TAYLOR produced, marketed, and distributed a sealed plastic container containing Non-fat

20 Greek Yogurt with Strawberries and Granola ("The Yogurt"), or The Yogurt was produced,

21 marketed, and distributed under the direction of EVOLUTION and/or its parent company,

22 STARBUCKS. The Yogurt was to be distributed at The Starbucks. The Yogurt's label notes the

23 SKU is 11048362.

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9.

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The Yogurt's label prominently displays the Dannon logo.

26 COMPLAINT ? Page 2

ROSS LAW L.L.C. 1207 SW 6th Ave

Portland, Oregon 97204 T: (503)-224-1658 ? 888-499-2575 (facsimile)

ross@ (email)

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10.

2

Upon information and belief, plaintiff believes DANNON was a vendor that produced

3 some of the contents of the food contained in The Yogurt.

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11.

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Upon information and belief, plaintiff believes TAYLOR was a vendor that produced

6 some of the contents of the food contained in The Yogurt.

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12.

8

On or about, December 9, 2015 plaintiff BRANDI SERVICE was a customer at The

9 Starbucks. STARBUCKS' employees or agents sold BRANDI SERVICE The Yogurt, that

10 unbeknownst to BRANDI SERVICE contained a piece of plastic concealed in the in The

11 Yogurt's container.

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13.

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The translucent piece of plastic ("The Plastic") contained in the Yogurt Container was

14 approximately 2 centimeters long, and approximately .5 centimeters wide. The piece of plastic

15 had sharp points at each end of it.

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14.

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While consuming the yogurt, BRANDI SERVICE bit down on the concealed piece of

18 plastic causing her injures and damages as described below, all of which were reasonably

19 foreseeable.

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15.

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As a result, of The Plastic being in The Yogurt, BRANDI SERVICE suffered the

22 following injuries:

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a) Damage to her #19 molar;

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b) Cuts to the interior of her mouth, including the gums;

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c) Pain, discomfort, and suffering; and

26 COMPLAINT ? Page 3

ROSS LAW L.L.C. 1207 SW 6th Ave

Portland, Oregon 97204 T: (503)-224-1658 ? 888-499-2575 (facsimile)

ross@ (email)

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d) Inconvenience and interference with usual and everyday activities, apart from gainful

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employment;

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As a result, BRANDI SERVICE seeks non-economic damages in a reasonable amount to

4 be awarded by a Jury but not to exceed $45,000.00.

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16.

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As a result of BRANDI SERVICE's injuries and symptoms caused by the incident in

7 paragraph 3, she has incurred reasonable and necessary medical bills and future medical

8 expenses of approximately $4,500.00.

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FIRST CLAIM FOR RELIEF

STRICT LIABILITY

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COUNT 1-STARBUCKS

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Under ORS 30.920, a regular seller of any product in a defective condition, unreasonably 12

dangerous to the consumer, is subject to liability for physical harm to the consumer if the seller is 13

engaged in the business of selling such a product, and the product is expected to and does reach 14

the consumer without substantial change in the condition in which it is sold. 15

18. 16

The presence of a foreign and harmful plastic like object in The Yogurt as described 17

above constitutes a defective condition that rendered The Yogurt unreasonably dangerous to the 18

consumer. The Yogurt was expected to, and did reach the consumer, without substantial change 19

in the condition in which it was sold. 20

19. 21

As the seller of The Yogurt described above, STARBUCKS is strictly liable under ORS 22

30.920 for the foreseeable damages BRANDI SERVICE suffered and may continue to suffer, as 23

described in paragraph 15 and 16. 24

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COMPLAINT ? Page 4

ROSS LAW L.L.C. 1207 SW 6th Ave

Portland, Oregon 97204 T: (503)-224-1658 ? 888-499-2575 (facsimile)

ross@ (email)

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COUNT 2-EVOLUTION, DANNON, AND TAYLOR

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A regular manufacturer, producer, and/or distributor of any product in a defective 3

condition, unreasonably dangerous to the consumer is subject to liability under ORS 30.920 for 4

physical harm to the consumer if the product is manufactured and/or distributed in a dangerous 5

condition. 6

21. 7

The presence of a foreign and harmful plastic like object in The Yogurt as described 8

above constitutes a defective condition that rendered The Yogurt unreasonably dangerous to the 9

consumer. The Yogurt was expected to, and did reach the consumer without substantial change 10

in the condition in which it was sold. 11

22. 12

As a manufacturer, producer, and/or distributor of The Yogurt described above, 13

EVOLUTION, DANNON, and/or TAYLOR, are strictly liable under ORS 30.920 for the 14

foreseeable damages BRANDI SERVICE suffered and will continue to suffer, as described in

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paragraph 15 and 16.

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SECOND CLAIM FOR RELIEF

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NEGLIGENCE PER SE

23. 18

ORS 616.215(1) prohibits the manufacture, sale, delivery, holding or offering for sale of 19

any food that is adulterated. Among other things, a food is deemed adulterated if it contains any 20

deleterious substance which may render it injurious to health. ORS 616.235(1)(a). A food also 21

is deemed adulterated if it bears or contains any nonnutritive substance. ORS 616.235(3)(c). 22

This paragraph is incorporated into both Counts below. 23

24. 24

As a consumer, BRANDI SERVICE is a member of the class of persons intended to be 25

protected by ORS 616.215, and the injuries that BRANDI SERVICE suffered were of the kind 26

COMPLAINT ? Page 5

ROSS LAW L.L.C. 1207 SW 6th Ave

Portland, Oregon 97204 T: (503)-224-1658 ? 888-499-2575 (facsimile)

ross@ (email)

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