3,000 euros in damages for two steaks – family man sues supermarket: “I was dying”

Created: 2022-11-25 09:52

By: Stefanie Zipfer

Combative: plaintiff Marcus Oberrenner.

Jantz © SIGI JANTZ

"I was dying," reported a 58-year-old from Vierkirchner in front of the Munich II district court. The reason for his near-death experience: allegedly spoiled beef from a supermarket in the district.

He is now demanding compensation from the market operator.

District – The evening of April 24, 2021 should be a nice one for the Oberrenner family in Vierkirchen.

The new grill was ready for use, the son, a trained chef, and his mother had taken care of the food to be grilled in a supermarket: turkey marinated in oil and two beef steaks.

The meat was served with potato salad, without mayonnaise, and tomato and mozzarella salad.

But for Marcus Oberrenner, the now 58-year-old family man, the evening ended in the hospital.

Only a few hours after the barbecue evening, the handsome man developed stomach pains, diarrhea and fever.

His wife then drove him to the Dachau hospital.

The man from Vierkirch describes his condition at the time as follows: "Do you know what it's like when someone is dying?

In the spoon position, I writhed in pain in the hospital bed!” The nursing staff had “their hands full” to lower his fever.

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spoiled beef?

Vierkirchner is suing a supermarket in the Dachau district for damages

It is therefore clear to him and the rest of the family: his symptoms are evidence of nasty food poisoning caused by spoiled beef that his wife and son bought in the supermarket.

He was on sick leave three weeks after the poisoning, he still suffers from loss of appetite and - as the worst long-term consequence - even lost his job.

In Oberrenner's lawsuit against the market operator, he therefore demands 3,000 euros in damages and 863 euros in loss of earnings.

This lawsuit was heard yesterday at the Munich II Regional Court.

The plaintiff came with his son and his lawyer.

The supermarket operator did not appear in person;

Instead, he sent his lawyer and – as witnesses – the head of his fresh produce department and the trainee at the time, who was working at the fresh meat counter in April 2021, among other things.

Food poisoning from spoiled beef?

Supermarket operator rejects allegations

The market's lawyer, Vicki Irene Commer, argued that the poisoning did not necessarily have to come from the grilled meat, the plaintiff could also have eaten other products.

It is also possible that the meat was not grilled through or that the conditions in the family kitchen were simply so unhygienic that the food there was contaminated.

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In addition, a doctor in the Dachau hospital attested the 58-year-old an "unclear infection", food poisoning would typically only appear two to ten days after eating the spoiled food.

And product liability for the meat, according to lawyer Commer, is out of the question, since the supermarket gets its meat from a meat wholesaler.

But the 58-year-old had not sued him.

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Food poisoning from spoiled beef?

Dachauer sues supermarket

While the store employees emphasized that apart from the plaintiff in April 2021 no one complained about allegedly spoiled beef and that all hygiene regulations in the shop were observed, the father and son on the plaintiff's side presented the hygienic conditions there very differently.

The mother once discovered packaged ham on the shelf that had expired.

Another family member was sold Arctic cocktail shrimp pickled in garlic oil for a whopping 32 euros, which tasted “sour”.

According to the son, the fact that apart from the father no other family members became seriously ill on April 24, 2021 is because only the father ate the beef.

The son reported that he only took "one bite".

But even this tiny amount was enough for him to get “a little” diarrhea.

The court decision will be made in January

The presiding judge Bettina Geißler tried to reach an amicable agreement.

In the end, the plaintiff was also willing to settle for a payment of 1000 euros.

However, market lawyer Commer declined.

"It's getting to be too much for me now," she said, especially after the statements of her son, which she thought were all too rehearsed.

Judge Geißler will now announce a decision on January 18th.

She herself sympathized with the plaintiff.

She knows from her own experience that food poisoning can occur after just three to four hours.

And then, according to Geißler, "it's really bad".

You can find more current news from the district of Dachau at Merkur.de/Dachau.