LEGAL NEWSLINE

DENVER (Legal Newsline) - A class action lawsuit has been filed against Full Melt Chocolate and LivWell after a Denver County Fair patron claimed he was given marijuana-laced chocolate at the fair's "Pot Pavilion."

The Denver County Fair was held Aug. 1-3 at the National Western Complex in Denver and, among other attractions, there was a Pot Pavilion which had a stage with hourly events, according to a complaint filed Aug. 7 in the Second Judicial Circuit of Denver County Court.

Jordan Coombs claims the Denver County Fair's webpage advertising the Pot Pavilion expressly provided that no marijuana would be onsite.

On Aug. 3, the defendants maintained a display booth within the pavilion and was giving out free samples of chocolate, according to the suit.

Coombs claims he and his family went to the fair and entered to Pot Pavilion and Coombs was offered free chocolate samples.

"When defendant offered the plaintiff the free chocolate samples, its representatives expressly assured the plaintiff that the chocolate did not contain any THC," the complaint states. "In reliance upon the defendant's representation that the chocolate did not contain THC, the plaintiff accepted several pieces of chocolate and ate them."

Soon after eating the chocolate, Coombs began to feel strange and physically ill and was forced to leave the fair due to his deteriorating health, according to the suit.

Coombs claims his spouse drove him to the hospital, where he was diagnosed with overdosing on THC.

The hospital ordered blood tests, which confirmed the presence of THC in his blood, he says. He incurred damages to his car by projectile vomiting in it and incurred medical expenses from his reasonable and necessary visit to the emergency room, according to the suit.

Coombs claims the class is defined by all persons who were served with THC-containing chocolate by the defendants at the Denver County Fair.

"This civil action is for personal injuries arising from the defendants' negligent distribution of marijuana-infused chocolate bars under the guise that they contained no Tetrahydrocannabinol (THC), the principal psychoactive constituent (or cannabinoid) of the cannabis plant," the complaint states.

The defendant manufactured and distributed the chocolate product that caused Coombs and others similarly situated to unknowingly ingest THC and suffer injuries as a result, according to the suit.

Coombs claims the defendants are strictly liable to him for all damages proximately caused by its defective product.

The defendants are liable to the plaintiff for breaching express and implied warranties that it made regarding the adulterated product that Coombs consumed, according to the suit.

Coombs claims the defendants were also negligent and failed to label the product correctly.

Coombs is seeking compensatory damages. He is being represented by Corey T. Zurbuch of Frascona, Joiner, Goodman and Greenstein PC.

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.