COLORADO SPRINGS, Colo. (CBS4)- A Colorado couple has filed a lawsuit over listeria-linked cantaloupe. The lawsuit names Walmart and Jensen Farms. Tammui and Charles Palmer ate cantaloupe they bought at the big box discount retailer from Jensen Farms. Two weeks later, he was in the hospital.
“He sat up on the bed and looked like he was gong to do projective vomiting,” said Tammi Palmer. “He went, ‘Hmmm… hmmm’ to clear his throat. I started patting his face, ‘Chuck, what’s wrong?’”
Jensen Farms voluntarily recalled its cantaloupe on Wednesday. A sample from their farm tested positive for listeria. The farm located in Holly is owned by two brothers, Eric and Ryan Jensen.
“It’s horrible, it’s scary. I don’t think he’ll ever be able to drive again because of the confusion,” said Tammi. “He doesn’t really know what day it is, you can ask him what day it is, he doesn’t really know.”
The lawsuit claims the cantaloupe was unreasonably dangerous and has impacted their marriage.
“I just want people to realize we can’t trust some of the places where we purchase our food and it should be tested before it’s put on shelves to purchase,” said Tammi.
The lawsuit seeks unspecified monetary damages. A spokesman for Jensen Farms said they haven’t seen the lawsuit.
Jensen Farms said more tests are needed to determine if the cantaloupe that tested positive for listeria is the same strain linked to the outbreak. The company has stopped harvesting its cantaloupes and notified retailers to remove the melons from store shelves.
The melons in question have a green and white sticker labeled “Frontera Produce-Colorado Grown Sweet Rocky Ford.” The Food and Drug Administration advises anyone with a melon with that sticker to throw away the cantaloupe.