Alabama Women Sue's Walmart for "Expired and Moldy Candy Bar"

Via Al.com

A Huntsville woman sued Walmart and the Hershey Co. Tuesday alleging she became seriously ill after eating a Mr. Goodbar that was nine months beyond its expiration date and moldy. The lawsuit says the plaintiff, Terrica Brown, was working at the 2900 South Memorial Parkway Walmart on Feb. 28, 2011. She clocked out, went on break and ate a Mr. Goodbar candy bar purchased at that store.

The lawsuit says, Brown did not know “the candy bar had an expiration or sell by date of May 10, 2010, and was at least 9 months out of date at the time it was sold to plaintiff. Said candy bar was contaminated with mold. The Plaintiff, Terrica T. Brown became violently sick to her stomach and had to leave work and seek medical treatment.” The lawsuit was filed yesterday in Madison County Circuit Court. Brown is represented by Huntsville attorney Michael Auffenorde.

Messages sent to Walmart and the Hershey Co. seeking comment today were not immediately returned. The lawsuit notes that Brown was not “acting in the line and scope of her employment at the time” when she ate the candy bar, so, “her medical expenses and time off work have been denied as covered under any applicable worker’s compensation laws.”

Brown suffered injuries to her stomach and intestinal tract; had doctor, hospital and drug expenses; lost time and wages from missed work and suffered pain and mental anguish, according to the lawsuit.

Brown alleges negligence, wantonness and breach of contract, among other claims for allowing the product to remain on the shelf and creating an unsafe condition and offering it for sale.