St. Charles grocer sued over $50,000 cherry pie bite

A St. Charles grocery store is being sued for more than $50,000 by a woman who says she was injured biting into a piece of cherry pie that contained a pit, according to a recently filed lawsuit.

Frances Kitz, 71, of Elburn, argues in her lawsuit that she purchased a piece of cherry pie from the Blue Goose Market, 300 S. Second St., on May 29 and was later injured by "cherry pits," or another hard object, and the grocery store should be liable for damages for negligence and breach of implied contract.

The lawsuit doesn't explicitly state her injuries, but an affidavit signed by Kitz' attorney, Kirsten Casas, indicates damages were in excess of $50,000, according to court records.

Also, $50,000 is the threshold of damages to get a lawsuit out of arbitration and into a circuit courtroom.

Casas declined to comment on her client's injuries, saying more information would come out during the discovery process on the lawsuit.

"It's unfortunate the cost of health care is so high," Casas added.

Blue Goose President Paul Lencioni said he could not comment on the lawsuit because he had not yet been served with it.

"I run this business with the absolute highest level of integrity," he said. "We take care of everyone who comes through our doors."

Both sides are first due in court on Sept. 17.