All Because Some Bananas went Kaflooey
Bananas flambé—so flambé in fact they’re the subject of a lawsuit. Well, it’s not just the bananas…
Business owners in Seekonk, PA, whose business was burnt to the
ground by an allegedly overloaded and subsequently out of control truck
full of Chiquita bananas that overturned, ruptured a gas line and
sparked a fire that destroyed the Old Grist Mill Tavern—are suing. No
surprise there. What is surprising, however, is Chiquita’s response to
the lawsuit—but we’ll get to that in a minute.
According to the owners’ attorney, David Salvatore, Chiquita banana
trucks have been involved in wrecks all over the country. Is it some
kind of plot? No, not according to Salvatore, who cites improper loading
of the produce trucks. He wants Chiquita and four other defendants to
be held responsible.
“It is not accidental that banana truck accidents are a thing of legend and song,” Salvatore said, in an article by the Sun Chronicle. He
was referencing Harry Chapin’s 1974 song called “30,000 Pounds of
Bananas” which recants the story of an out-of-control banana truck that
crashed in Scranton, PA, killing the driver. No comment.
Backing up his lyrical reference, Salvatore claims a recent crash in
Freetown bears a striking resemblance to the rollover in Seekonk, which
took place on June 24, 2012. He claims trucks carrying containers piled
high with bananas can overturn, especially on long curves where trailers
heavily loaded with fruit—they tend to tip. Any child playing with toy
trucks (if children still do that), would know—you put too much in, over
it goes.
The owners of the Grist Mill, Greg and Suzanne Esmay, are suing
Chiquita Fresh North America and Columbia Gas of Massachusetts, along
with the owner and driver of the truck and a freight company. Seems a
reasonable approach to compensation for an event they really couldn’t
have caused.
Oh no, not so, claims Chiquita Fresh North America. Not only have
they denied any negligence and/or responsibility associated with the
destruction of the Grist Mill and likely the largest bananas flambé
event in that part of the world has ever seen, according to court
papers, its attorneys sought to lay the blame for the fire on the
Esmays.
“The sole proximate cause of the plaintiffs’ injuries and damages, if
any, was their own negligence, either standing alone or combined with
the negligence of others over whom Chiquita exercised no control and for
whose conduct it bears no responsibility,” the company wrote in court
filings. According to the Sun Chronicle, Chiquita’s statement
did not elaborate on its claims. It’s mystifying logic indeed. Needless
to say, mediation went sideways. (Just like the bananas.)
Greg Esmay said he’s baffled by Chiquita’s allegations. “I don’t know
what we possibly could have done wrong,” he said. Quite. One minute
you’re serving burgers to your patrons and the next it’s the big bang.
As for Columbia Gas, they’re keeping quiet about the whole mess,
stating: “We value our business relationship with The Old Grist Mill,
and are involved in a continuing effort to effect a successful
resolution of the pending matter,” Columbia spokeswoman Sheila Doiron
said.
I’m betting bananas are not on the menu at The (new) Old Grist Tavern.