Simmons v. Brookshire Grocery Co.

| jElton Simmons appeals a summary judgment that dismissed his tort claim against Brookshire Grocery Company, d/b/a Brookshire’s Food and Pharmacy, arising from an allegedly tainted Del Monte fruit cup he bought there. The district court found Simmons presented no summary judgment evidence that Brook-shire’s prepared, processed or manufactured the fruit cup. On de novo review, we affirm.

Simmons alleged that on Friday, February 15, 2013, he went to the Brookshire’s on North Market Street in Shreveport and bought four packages of Del Monte “Peaches in Peach” fruit cups. Each package consisted…