A civil lawsuit filed against the company Paqui, which manufactured the spicy chip that led to the death of a Worcester teenager, may be moved to federal court, potentially giving the defendants a more favorable outcome. The suit was brought by the family of Harris Wolobah, 14, who died after participating in the “One Chip Challenge,” which involved eating an extremely spicy chip. Paqui, its parent company Hershey, Walgreens, and two employees are named as defendants. Paqui argues that the case should be transferred to federal court as the inclusion of the Walgreens manager as a defendant lacks legal grounds. Attorney Stan Gipe believes the inclusion of the manager was to avoid “complete diversity,” which is when defendants are not in the same state as the plaintiff. If the manager is removed, complete diversity would apply, potentially giving the defendants an advantage as federal courts can be more favorable to corporations. Paqui argues in their filing that the manager had no duty to protect Wolobah from the chip and the lawsuit’s claims are contrary to Massachusetts law and common sense. The manager, Connolly, stated he had no authority to prevent the sale of the chip at the Walgreens store. The case highlights the complexities of lawsuits involving multiple parties and potential venue changes to gain a strategic advantage in court.
Source
Photo credit www.masslive.com
