In August 2025, TTH Attorney Alex Mitchell won a defense verdict for a tropical produce distribution company in a negligence and products liability lawsuit.  The Plaintiff, a customer at a grocery store, reached her hand into a display of prickly pear cacti and sustained an alleged puncture injury to her thumb.  Alex’s client had sold the prickly pear cacti to the grocery store.  The Plaintiff filed a lawsuit against Alex’s client, the grocery store, and the grower/supplier of the prickly pear cacti.  The suit alleged that Alex’s client and the other Defendants owed Plaintiff a duty to warn against the dangerous conditions presented by the cacti, as well as a duty to ensure the cacti were safe for the Plaintiff to purchase.

Alex argued that her client did not owe a duty to ensure the cacti were safe for purchase because the Plaintiff was not a customer of her client.  For this same reason, and because of the obvious condition of the cactus, Alex further argued that her client did not have any duty to warn Plaintiff of the alleged danger.  Following trial, the Judge determined that Alex’s client was not negligent and did not have a duty to either warn of the danger or to ensure the product was safe.

Questions about this case can be directed to Alex Mitchell at (443) 641-0563 or amitchell@tthlaw.com.