Fair Attendees Sickened from Marijuana After Eating Pot-Infused Candy, File Class Action Against Marijuana Edibles Manufacturer
Marijuana edibles manufacturer LivWell set up a tent in the “Pot Pavilion” at the Denver County Fair and offered some of the edible chocolate samples which allegedly did not have marijuana infused in them. Unfortunately, the vendor got the wrong chocolate samples, and many patrons of the booth became ill from a high dose of marijuana. Now, some of those customers have filed a class action lawsuit against the company.
“I was sweaty. I was nauseous. I was panicking,” said Richard Jones, who had to be hospitalized after eating a LivWell sample. Jones, like many other LivWell booth attendees, was told that the chocolate sample he tried did not contain marijuana, so when he suddenly began to feel the effects of the drug, he thought he was having a heart attack or stroke. The hospital ran a blood test and found that he had 100 nanograms of THC in his system – twenty times the legal driving limit in Colorado, which legalized recreational marijuana in the last federal election.
Another plaintiff, Jordan Coombs, said that he also became violently ill after eating one of LivWell’s chocolate samples and had to be hospitalized. The effects of the marijuana hit him as he was driving away from the fair, with his wife in the car. He suddenly “projectile vomited uncontrollably” and had to be taken to the hospital.
A third plaintiff, Kari Mitchell, who also became sick due to ingesting marijuana, said she asked the vendor multiple times if the samples had marijuana in them, and the LivWell vendor repeatedly told her no.
LivWell owners Ben Burkhardt and John Lord released a statement about the incident and the ensuing class action lawsuit:
“We are currently thoroughly investigating what may have occurred, and are happy to offset medical expenses from fair attendees that have been legitimately affected. I did speak to Richard Jones, the gentleman on the news last night, about an hour ago, and offered to honor his request that his medical costs be reimbursed.”
“This civil action is for personal injuries arising from the defendants’ negligent distribution of marijuana-infused chocolate bars under the guise that they contained no Tetrahydrocannabinol (THC), the principal psychoactive constituent (or cannabinoid) of the cannabis plant,” the lawsuit states.
The Denver County Fair managers also said that as soon as they heard about the marijuana-related illnesses, they shut down LivWell’s booth and contacted the police. Authorities are investigating for any potential criminal negligence or intent.
The Strom Law Firm Advocates for Consumer Protection Through Class Action Lawsuits
A class action is a procedural device to collect individuals’ claims that are suffering harm. When a case is awarded class action status, it means that an individual or small group of plaintiffs will act as representatives for others who have suffered injuries similar to theirs because of actions by the same defendant.
When a case is classified as a class action, it does not rule on the merits of an action. It expands the scope of who is bound by a later decision on the scope of the issues at hand.
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