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BOISE, Idaho (AP) — Idaho-based J.R. Simplot Co. has filed a lawsuit against a railway company after a large freight carrying french fries traveling to Georgia spoiled because it wasn't properly sealed.
According to the lawsuit, the company paid BNSF Railway Company more than $12,000 last year to deliver 5,304 cases of french fries at 10 degrees.
The french fries left Grand Forks, N.D. on June 5, 2013 and arrived in Doraville, Ga., two weeks later. Once at the cold storage facility, the lawsuit contends that officials discovered the freight door had not been closed all the way and thus exposing the french fries to elevated temperatures for an unknown time.
A phone call by The Associated Press to the railway company seeking comment was not returned Friday.
The suit claims that railway officials said that even though the product was damaged, it could still be sold but in a different market. However, Simplot argues that the fries posed a safety hazard if sold to consumers.
"However, despite acknowledging that the product was damaged in transit, the Plaintiff's claim for the loss of the product was denied," attorneys for Simplot write in the suit. "The Defendant further asserted that a substantial secondary market and damaged product should be sold on the secondary market."
The railway company denied Simplot's claim twice and maintained that the fries should be sold "as is."
"The vast majority of the shipment developed frost and ice crystals which rendered the product unfit for consumption and which may constitute a safety hazard if used in an ordinary manner," the attorneys said.
Simplot is seeking more than $83,000 in damages that cover the cost of the product, delivery charges and disposal fees.
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