Deiter v. CoonsAnnotate this Case
Plainitffs appealed when their claims against a person who sold a steer for slaughter were dismissed. The steer was later found to be contaminated with E. coli bacteria. Patty Anderson agreed to sell a 4-H steer for her eighteen-year-old granddaughter. Joseph Deiter purchased one-half of the steer. Anderson contacted Donald Janak, who owned a mobile slaughtering business. He was asked to slaughter the steer for Deiter, and to deliver the carcass to Don’s Meats, which was a custom meat processing business that was owned and operated by Donald and Sharon Coons and their daughter Penny Coons. Janak slaughtered and skinned the steer, cut the carcass in half down the middle, and delivered the two halves of the carcass to Don’s Meats, where the meat was processed. After eating the meat, the members of the Deiter family became ill due to becoming infected with E. coli bacteria. The Deiters filed suit against Anderson, Janak and his corporation, and the Coonses. Anderson successfully moved for summary judgment as to the claims against her. The Coonses also successfully moved for summary judgment. The Deiters settled with Janak, and they appealed the judgment in favor of Anderson and the Coonses. The Deiters argued to the district court that Anderson and the Coonses violated the Federal Meat Inspection Act because she sold or offered for sale, in commerce, articles which were capable for use as human food and which were adulterated at the time of the sale or offer for sale as proscribed by 21 U.S.C. 610(c). Finding that the Deiters did not show any genuine issue of material fact with respect to the grant of summary judgment to Anderson or the Coonses, the Supreme Court affirmed dismissal of claims against those parties.