Complaint Against Defendant (s) Sun Commodities, Inc. with Jury Demand (Receipt # AWAWDC-9578003) Attorney William Dale Marler Added to Party Olivia Smith Filed by Olivia Smith. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons)(Marler, William)

Document #1 Filed 03/30/2026 · 18 pages · District Court, W.D. Washington · View original PDF

PARTIES

1The plaintiff Olivia Smith (“Plaintiff”) is a resident of Lacey, Thurston County, Washington. The Plaintiff resides within the jurisdiction of this Court and is a Citizen of the State of Washington.

2The defendant Sun Commodities, Inc. (“Sun Commodities”) is a Florida profit corporation, with its principal place of business located at 2230 SW 2nd Street, Pompano Beach, FL 33069. Defendant Sun Commodities is a Citizen of the State of Florida.

COMPLAINT | 2 JURISDICTION AND VENUE

3This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1332(a) because the matter in controversy exceeds $75,000.00, exclusive of costs, and this is an action by individual Plaintiff against a Defendant with its principal place of business in another state.

4Venue in the United States District Court for the Western District of Washington is proper pursuant to 28 U.S.C. § 1391(a)(2) because a substantial part of the events or omissions giving rise to the Plaintiff’s claims and causes of action occurred in this judicial district, and because the Defendant is subject to personal jurisdiction in this judicial district at the time of the commencement of the action.

FACTUAL ALLEGATIONS Salmonella Bacteria

What is Salmonella?

5In 1885, pioneering American veterinary scientist, Daniel E. Salmon, was credited with discovering the first strain of Salmonella. Actually, though, Theobald Smith, research assistant to Dr. Salmon, discovered the first strain of Salmonella—Salmonella Choleraesuis. But being in charge, Dr. Salmon received all the credit.0F1

6Today, the number of known serotypes of Salmonella bacteria totals over two thousand. And in recent years, concerns have been raised as strains of Salmonella have become resistant to traditional antibiotics.

7There are two Salmonella species: Salmonella enterica (S. enterica) and Salmonella bongori (S. bongori). S. bongori strains predominantly colonize cold-blooded reptiles,

Kass EH. (1987). A brief perspective on the early history of American infectious disease epidemiology. Yale J Biol Med. 60(4):341-8.

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whereas S. enterica strains can infect both humans and mammals.1F2 Based on factors such as morphology, structure, mode of reproduction, and other criteria, the two species are further classified into subgroups called serotypes or serovars. More than 2,600 serotypes have been described for Salmonella, and they are characterized by the type(s) of animal they are found in or by the clinical symptoms they cause.2F3 Of these, less than 100 are responsible for most human Salmonella infections.3F4 Where Does Salmonella Come From?

8Salmonellae are widely distributed in nature and are found in the intestinal tract of wild and domesticated animals and in humans. Salmonella poisoning can occur when a person ingests contaminated fecal particles transmitted by another infected human or animal.4F5

9Salmonella enterica serotypes Typhi, Sendai, and Paratyphi A, B, or C are found Hernandez, A. K. C. Salmonella bongori. Poultry and Avian Diseases. Encyclopedia of Agriculture and Food Systems. https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/salmonella-bongori.

Boore AL, et al. (2015). Salmonella enterica Infections in the United States and Assessment of Coefficients of Variation: A Novel Approach to Identify Epidemiologic Characteristics of Individual Serotypes, 1996–2011. PloS One. 10(12): e0145416

Besser JM. (2018). Salmonella epidemiology: a whirlwind of change. Food Microbiol. 71:55-9. Chiu, C.-H. (2019). Salmonella, Non-Typhoidal Species (S. Choleraesuis, S. Enteritidis, S. Hadar, S. Typhimurium). http://www.antimicrobe.org/b258.asp.

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exclusively in humans. These serotypes, collectively referred to as typhoidal Salmonella, cause enteric fever (also known as typhoid or paratyphoid fever if caused by serotypes Typhi or Paratyphi, respectively).5F6 Most often, enteric fever is acquired through ingestion of food or water contaminated with human feces. Most U.S. residents who are diagnosed with typhoidal Salmonella are infected while traveling abroad in areas where typhoid fever and paratyphoid fever are common. Three types of vaccines against S. Typhi are commercially available, although there is still not a single licensed vaccine available against S. Paratyphi A.6F7 Persons planning to travel outside of the United States are advised to find out if a vaccine for typhoid fever is recommended (see www.cdc.gov/travel).

10Most Salmonella infections are caused by eating contaminated food. One study found that 87% of all confirmed cases of Salmonella are foodborne. Foods of animal origin, including meat, poultry, eggs, or dairy products can become contaminated with Salmonella. Eating uncooked or inadequately cooked food—or food cross contaminated with uncooked or undercooked products—can lead to human infections. As explained in a comprehensive report issued by the U.S. Department of Agriculture’s Economic Research Service:

Salmonella contamination occurs in a wide range of animal and plant products. Poultry products and eggs are frequently contaminated with S. Enteritidis, while beef products are commonly contaminated with S. Typhimurium. Other food sources of Salmonella may include raw milk or other dairy products and pork.

11In the past two decades, consumption of produce, especially sprouts, tomatoes, fruits, leafy greens, nuts, and nut butters, has been associated with Salmonella illnesses.7F8 The

Ohad eGal-Mor, Erin C Boyle, & Guntram A. Grassl. (2014). Same species, different diseases: how and why typhoidal and non-typhoidal Salmonella enterica serovars differ. Frontiers in Microbiology, 5. https://doi.org/10.3389/fmicb.2014.00391

Id. National Typhoid and Paratyphoid Fever Surveillance Annual Summary, 2015.” Centers for Disease Control and Prevention, 6 Nov. 2018. Available at: https://www.cdc.gov/typhoid-fever/reports/annual-report- 2015.html.

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surface of fruits and vegetables may be contaminated by human or animal feces. Changes in food consumption and production, as well as the rapid growth of international trade in agricultural products, have facilitated the transmission of Salmonella associated with fresh fruits and vegetables.

12In the United States, Salmonella is the second most isolated bacterial pathogen when laboratory diagnosis of diarrhea is sought.8F9 However, passive laboratory surveillance, which uses voluntary reporting by health care providers and facilities, captures only a fraction of illnesses that occur. Furthermore, only a small proportion of illnesses are confirmed by laboratory testing and reported to public health agencies. Thus, researchers rely on quantitative statistical modeling to estimate the incidence of foodborne illness. These estimates are used to direct policy and interventions. What are the Symptoms of Salmonellosis?

13Salmonella infections can produce a broad range of disease, from no symptoms to severe illness. The most common clinical presentation is acute gastroenteritis. Symptoms commonly include diarrhea and abdominal cramps, often accompanied by fever of 100°F to 102°F (38°C to 39°C). More serious infections may also involve bloody diarrhea, vomiting, headache, and body aches.9F10

14The incubation period, or the time from ingestion of the bacteria until the symptoms start, is generally 6 to 72 hours; however, there is evidence that in some situations the incubation can be longer than 10 days. People with salmonellosis usually recover without treatment within

“National Enteric Disease Surveillance: Salmonella Annual Report, 2016.” Centers for Disease Control and Prevention, 28 Feb. 2018. Available at: https://www.cdc.gov/nationalsurveillance/pdfs/2016-Salmonella-report- 508.pdf.

“Salmonella.” Centers for Disease Control and Prevention, 24 Jun. 2020. Available at: https://www.cdc.gov/salmonella/.

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