Couple Sues Supermarket Over Baloney After A Bite

Posted: August 29, 1993

Dozens of personal-injury lawsuits were filed in Bucks County Court last week. But Timothy S. Karl's claim really was much ado about baloney. Literally.

Here's his beef:

On Feb. 2, Karl, of Levittown, purchased Dietz & Watson brand baloney from the deli counter at Pathmark supermarket, 2603 Durham Rd., Bristol Township, according to the suit.

Two days later, Karl made a sandwich using the lunch meat "and when biting into the same he broke and fractured two teeth on a sliver of metal imbedded in the baloney," the suit says.

Karl and his wife, Jill Marie Karl, are seeking up to $50,000 in damages

from Pathmark, its owner, Supermarkets General Corp. of Woodbridge, N.J., and Dietz & Watson Inc. of Philadelphia.

The Karls' suit says that Pathmark was negligent and reckless for serving the meat, and that Dietz & Watson was negligent for delivering it to Pathmark in a defective condition.

According to the suit, Karl "sustained severe injury to his teeth which resulted in physical and emotional pain and suffering and disability." Karl had extensive dental work done, including reconstruction and bridge work, the complaint says.

Jill Karl is suing because she "lost the support and affection of her husband due to the injuries that he sustained all to her great emotional and psychological detriment," the suit says.

Geoffrey A. Graham, attorney for the Karls, said he was holding onto the metal sliver as evidence. He also said it would not be hard to prove that Timothy Karl bought the lunch meat at the Bristol Pathmark.

Larry Salinas, public affairs officer for Supermarkets General, Thursday declined to discuss the lawsuit.

Louis Eni Sr., president of Dietz & Watson, said Thursday that the Karls' complaint appeared to be "not much of a case." He added that the company's insurance carrier would respond to the lawsuit.

DEPARTMENT STORE THEFTS. On three occasions this year, Thomas F. Kivlin returned department store merchandise for cash refunds.

But Kivlin, 65, of the 1900 block of East Allegheny Avenue in Philadelphia, did not purchase any of the products that he returned, according to police records.

On Wednesday, Kivlin pleaded guilty to three counts of retail theft, two counts of theft by deception and one count of receiving stolen property.

Kivlin, who also goes by the names Douglas Stoddard and William Watkins, told Bucks County Judge Isaac S. Garb that he committed the thefts because he needed the money.

Garb sentenced Kivlin, who has eight prior arrests for retail theft, to

serve up to 23 months in Bucks County Prison. He has been in prison since April 14, when he was unable to post $25,000 bail.

Kivlin's mode of operation was the same in all three retail thefts.

At 2:45 p.m. Feb. 15, Kivlin took a $49.99 item called The Cookie Factory off the shelves at the Sears store in Neshaminy Mall, police records show. Moments later, he was detained by store security after asking a clerk for a refund on the product.

At 5:25 p.m. April 8, Kivlin grabbed two Showbox Photo Viewers off the shelves at J.C. Penney at Oxford Valley Mall. He attempted to return the viewers for a $29.98 refund, but was apprehended by store security, according to a criminal complaint.

Finally, at 3:07 p.m. April 14, Kivlin took a two-piece dinnerware set from the housewares department at Strawbridge & Clothier, Neshaminy Mall, and returned it for a $30.04 refund, court records indicate. But he was observed on closed-circuit television and detained by a security officer.

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