ST. LOUIS – A St. Louis County woman is suing Walmart, Starbucks and the maker and distributor of bottled Tazo tea claiming that she was injured more than five years ago after swallowing glass that was contained in the drink.
In a suit originally filed in St. Louis County Circuit Court on Aug. 24 and removed to the U.S. District Court for the Eastern District of Missouri on Oct. 1, Joy Dabney claims she bought a bottle of Tazo tea from a Ferguson Walmart store on Aug. 24, 2013.
She claims that when she started swallowing the tea from a bottle, which was expired, she felt "granules" in her mouth. When she spat out the drink, she claims she saw glass. "Glass was in the tea and lodged under the cap and in the tea," Dabney claims.
The tea bottle was defectively designed and failed to provide adequate warnings to persons consuming "in the dangerous possibility of ingesting glass contained in them," Dabney claims.
Her two count suit seeks damages on claims of negligence and strict liability.
Dabney is representing herself in the action and is seeking $177,700 in damages and costs of the suit.
She claims she had to go to the hospital twice as she had suffered from continuous throat and stomach irritation and has suffered with the same issues ever since.
Dabney further claims that she informed "upper management" at Walmart, and that in response she was told that the store would investigate and assist her with getting medical bills paid.
"The plaintiff developed the glass induced disease ... causing him/her great and extensive disability and disfigurement," the suit claims.
Among other things she claims she also has suffered from PTSD over the incident "caused by plaintiff's knowledge of the plaintiff's increase of gastrointestinal complications and throat irritation as a result of defendants' wrongful conduct."