Lawsuit: All Because Some Bananas went Kaflooey

March 2nd, 2016. By LucyC

Bananas flambé—so flambé in fact they’re the subject of a lawsuit. Well, it’s not just the bananas…

Business owners in Seekonk, PA, whose business was burnt to the ground by an allegedly overloaded and subsequently out of control truck full of Chiquita bananas that overturned, ruptured a gas line and sparked a fire that destroyed the Old Grist Mill Tavern—are suing. No surprise there. What is surprising, however, is Chiquita’s response to the lawsuit—but we’ll get to that in a minute.

According to the owners’ attorney, David Salvatore, Chiquita banana trucks have been involved in wrecks all over the country. Is it some kind of plot? No, not according to Salvatore, who cites improper loading of the produce trucks. He wants Chiquita and four other defendants to be held responsible.

“It is not accidental that banana truck accidents are a thing of legend and song,” Salvatore said, in an article by the Sun Chronicle. He was referencing Harry Chapin’s 1974 song called “30,000 Pounds of Bananas” which recants the story of an out-of-control banana truck that crashed in Scranton, PA, killing the driver. No comment.

Backing up his lyrical reference, Salvatore claims a recent crash in Freetown bears a striking resemblance to the rollover in Seekonk, which took place on June 24, 2012. He claims trucks carrying containers piled high with bananas can overturn, especially on long curves where trailers heavily loaded with fruit—they tend to tip. Any child playing with toy trucks (if children still do that), would know—you put too much in, over it goes.

The owners of the Grist Mill, Greg and Suzanne Esmay, are suing Chiquita Fresh North America and Columbia Gas of Massachusetts, along with the owner and driver of the truck and a freight company. Seems a reasonable approach to compensation for an event they really couldn’t have caused.

Oh no, not so, claims Chiquita Fresh North America. Not only have they denied any negligence and/or responsibility associated with the destruction of the Grist Mill and likely the largest bananas flambé event in that part of the world has ever seen, according to court papers, its attorneys sought to lay the blame for the fire on the Esmays.

“The sole proximate cause of the plaintiffs’ injuries and damages, if any, was their own negligence, either standing alone or combined with the negligence of others over whom Chiquita exercised no control and for whose conduct it bears no responsibility,” the company wrote in court filings. According to the Sun Chronicle, Chiquita’s statement did not elaborate on its claims. It’s mystifying logic indeed. Needless to say, mediation went sideways. (Just like the bananas.)

Greg Esmay said he’s baffled by Chiquita’s allegations. “I don’t know what we possibly could have done wrong,” he said. Quite. One minute you’re serving burgers to your patrons and the next it’s the big bang.

As for Columbia Gas, they’re keeping quiet about the whole mess, stating: “We value our business relationship with The Old Grist Mill, and are involved in a continuing effort to effect a successful resolution of the pending matter,” Columbia spokeswoman Sheila Doiron said.

I’m betting bananas are not on the menu at The (new) Old Grist Tavern.

This was posted on Wednesday, March 2nd, 2016 at 10:01 am and is filed under Crazy Sh*t Lawyers See . Feel free to respond, or trackback. Read our comments policy.