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Family Of Retired Judge File Wrongful Death Lawsuit Over Tainted Peanut Butter

Plaintiffs allege the salmonella in the peanut butter caused or contributed to the judge's death.

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jf epanut butter lexington kentucky Inside A Costco Wholesale Location Ahead Of Earnings Figures

(Photo by Luke Sharrett/Bloomberg via Getty Images)

The family of the late Florida judge Robert A. Foster Jr. filed a wrongful death lawsuit against J.M. Smucker Co. — the manufacturer of Jif brand peanut butter — and Publix Super Markets Inc.

Judge Foster was 75 years old when he passed away in Tampa, Florida, on July 16, 2022. The lawsuit alleges J.M. Smucker manufactured Jif peanut butter that was tainted with salmonella, and that Publix sold that contaminated product. The plaintiffs allege this caused or contributed to Judge Foster’s death. The lawsuit alleges claims of strict liability, negligence, breach of the implied warranty of merchantability, and loss of consortium.

Last year, J.M. Smucker issued a recall of Jif peanut butter, due to an outbreak of salmonella. That contamination was traced back to a plant in Lexington, Kentucky. J.M. Smucker is separately facing a class action lawsuit in Ohio federal court over the tainted peanut butter.

Judge Foster, a graduate of South Texas College of Law, practiced as an attorney for 25 years in the Tampa area before he was elected to the role of Hillsborough County Circuit Judge in 2000. He served as a judge for 18 years. In retirement, Judge Foster worked as a mediator and arbitrator.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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