California produce company loses fight to escape South Dakota E. coli lawsuit

Company argued that it didn't have a presence in state and shouldn't be party in litigation

Photo by Tingey Injury Law Firm on Unsplash

A California produce company being sued for sickening a woman with E. coli has lost a bid to have the lawsuit dismissed.

Braga Fresh Family Farms, which does business as Josie’s Organics, argued that it has no physical presence in South Dakota. The company also claimed that it has no property or licenses in the state and has never sold or advertised its products directly to South Dakota residents. Thus, Braga argued it had not availed itself to South Dakota residents.

The company also argued that the product in dispute in South Dakota had been purchased by Hy-Vee from a third-party vendor, Topco, based in Illinois.

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