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Putnam man sues restaurant supplier over food poisoning
11/9/2007 10:32 AM By Cara Bailey  -Kanawha Bureau

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Kentucky Fried Chicken is located just off U.S. 60 in South Charleston. (Photo by Chris Dickerson)

CHARLESTON - A Putnam County man has filed a suit against a food company after he suffered from food poisoning after eating at a local restaurant that buys food from the company.

Kevin Vance filed a suit Oct. 19 in Kanawha Circuit Court against B. W. Painter Inc., a company that sells food to Kentucky Fried Chicken in South Charleston.

Mary Vance is also named as a plaintiff in the suit.

Kevin Vance claims he suffered food poisoning Nov. 2, 2005, after eating food from Kentucky Fried Chicken.

According to the suit, the food was defective in that it was not reasonably safe to eat. The suit says the sickness that occurred from the ingestion of the food from B.W. Painter, Inc., would not ordinarily happen in the absence of the defect, and there was neither abnormal use nor a reasonable secondary cause of the illness.

Mary Vance claims she suffered a loss of consortium from her husband.

Together, they seek compensatory and punitive damages.

Attorney William V. DePaulo is representing Vance. The case has been assigned to Judge Paul Zakaib.

Kanawha Circuit Court case number 07-C-2277

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