Torba v. J.M. Smucker Co.

888 F. Supp. 851, 1995 U.S. Dist. LEXIS 8619, 1995 WL 373514
CourtDistrict Court, N.D. Ohio
DecidedJune 21, 1995
DocketNo. 5:93-CV-1978
StatusPublished
Cited by1 cases

This text of 888 F. Supp. 851 (Torba v. J.M. Smucker Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Torba v. J.M. Smucker Co., 888 F. Supp. 851, 1995 U.S. Dist. LEXIS 8619, 1995 WL 373514 (N.D. Ohio 1995).

Opinion

MEMORANDUM AND ORDER

O’MALLEY, District Judge.

Plaintiff Steve Torba filed this negligence action against J.M. Smucker Company (“Smucker”), seeking compensatory and punitive damages for injuries allegedly sustained by Torba while consuming Santa Cruz Natural Organic Apple Apricot Sauce, one of Smucker’s products.1 Plaintiff claims a clear piece of plastic in the sauce punctured his lower lip causing paralysis of his lip.

Currently pending before this Court is defendant’s motion for summary judgment. (Docket no. 28). For reasons set forth in this opinion, defendant’s motion is GRANTED.

I.

At its core, this case is a products liability action, premised on a negligence theory, to recover damages for injuries caused by the alleged presence of a foreign plastic object in a serving of apple apricot sauce. The parties’ attempts to flesh out through discovery the precise source of the errant plastic object have not been fruitful. Smucker, in particular, has scrutinized the manufacturing process of the apple apricot sauce and has concluded that the plastic object did not correspond to any of the materials or machinery used in processing and packaging the sauce. Plaintiff offers no evidence refuting Smucker’s findings.

II.

Defendant Smucker has filed a motion for summary judgment pursuant to Fed. R.Civ.P. 56(b). In reviewing summary judgment motions, this Court must view the evidence in a light most favorable to the non-moving party to determine whether a genuine issue of material fact exists. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); White v. Turfway Park Racing Assn., Inc., 909 F.2d 941, 943-44 (6th Cir.1990). A fact is “material” only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Determination of whether a factual issue is “genuine” requires consideration of the applicable evidentiary standards. Thus, in most civil cases the Court must decide “whether reasonable jurors could find by a preponderance of the evidence that the [non-moving party] is entitled to a verdict.” Id. at 252, 106 S.Ct. at 2512.

Summary judgment is appropriate whenever the non-moving party fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Moreover, “the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact.” Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479-80 (6th Cir.1989) (citing Frito-Lay, Inc. v. Willoughby, 863 F.2d 1029, 1034 (D.C.Cir.1988)). The non-moving party is under an affirmative duty to point out specific facts in the record as it has been established which create a genuine issue of material fact. Fulson v. City of Columbus, 801 F.Supp. 1, 4 (S.D.Ohio 1992). The non-movant must show more than a scintilla of evidence to overcome summary judgment; it is not enough for the non-moving party to show that there is some metaphysical doubt as to material facts. Id.

[853]*853III.

Defendant Smucker claims summary judgment is appropriate in this case because plaintiff cannot produce any evidence to support his products liability claim which would give rise to genuine issues of material fact. Smueker’s motion specifically challenges plaintiffs ability to produce evidence on the critical issues of negligence in processing or packaging the apple apricot sauce, causation and damages.

It is well-settled that a pro se plaintiff is held to less stringent pleading standards than a trained lawyer, and therefore, this Court is required to construe plaintiffs pro se complaint liberally. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972); Black v. Parke, 4 F.3d 442, 448 (6th Cir.1993). Notwithstanding the liberal treatment of pro se pleadings, a pro se plaintiff still bears the burden of setting forth specific facts demonstrating a genuine issue of material fact where the opposing party has moved for summary judgment. Black, 4 F.3d at 448.

Where, as here, one party moves for summary judgment on the grounds that the nonmovant cannot produce evidence at trial to support his claim, the nonmovant may not rest upon his pleading. The nonmovant must present “significant probative evidence” on every essential element to raise a jury issue and withstand summary judgment. Pursifull v. U.S., 849 F.Supp. 597, 604 (S.D.Ohio 1993). Plaintiff has not submitted evidence, apart from the allegations set forth in his verified complaint, in response to Smucker’s summary judgment motion.

Plaintiff avers that the facts and allegations contained in the complaint were true, except for the facts and allegations made on information. A verified complaint can have the same evidentiary force and effect as an affidavit in responding to a motion for summary judgment. Lavado v. Keohane, 992 F.2d 601, 605 (6th Cir.1993). Plaintiff purports to only verify certain facts and allegations based on his personal knowledge and observation, but he fails to identify with particularity those portions of the complaint. This Court is unable on the current state of the complaint to discern which of the facts and allegations are verified and, therefore, which are properly considered in opposition to Smucker’s motion for summary judgment. Assuming, however, the entire complaint qualifies as competent summary judgment evidence, this Court’s inquiry focuses on whether plaintiff sets forth specific, non-conclusory facts therein to withstand Smucker’s summary judgment motion.

Smucker presents a detailed explanation of the manufacturing process for the apple apricot sauce. A crosscheck machine, used in manufacturing and processing the sauce, has safeguards to ensure foreign objects do not enter the sauce. The machine is designed to shut down if the safeguards fail. The process also includes a strainer which is designed to separate various particles, including seeds, from the sauce. Smucker’s clear and cogent explanation of the manufacturing process of the apple apricot sauce refutes plaintiffs claim that the plastic piece originated, or even could have originated, from the manufacture of the product.

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888 F. Supp. 851, 1995 U.S. Dist. LEXIS 8619, 1995 WL 373514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torba-v-jm-smucker-co-ohnd-1995.