Jury selection to begin in tainted-food trial

Update: Jury selection is scheduled to begin Thursday in a long-delayed civil trial arising from tainted chili con carne that the plaintiffs believe was resold, instead of destroyed, after a Dallas restaurant rejected it in the summer of 2001. The civil trial's opening statements are scheduled for Monday in the 342nd State District Court.

Fifteen people were sickened, 10 hospitalized. Two small children spent weeks in a coma, and one adult received nourishment through a feeding tube for more than a year because of the food poisoning.

Who's being sued: The victims are no longer suing the manufacturer, Original Texas Chili Co. of Fort Worth, but the century-old Ben E. Keith Co., one of the region's largest food-service wholesalers, with whom some already had settled.

The case took a dramatic turn on the eve of a May 2005 trial date, when Keith attorneys belatedly released thousands of company files, including documentation that tubs of frozen chili had been declared "quality unacceptable" because of a bad smell before they were remarked and resold to Town Talk, a Fort Worth discount grocery.

Attorney Lori Watson said her client John Johnson of Sanger had settled with Keith for $315,000 but is now seeking an additional $315,000 in light of the memos.

Ben E. Keith's side: Keith disputes that the chili behind the outbreak can be positively identified as the Texas Chili tubs that it resold, noting that not all of the original containers with the same production lot numbers were found.

Moreover, it maintains that Texas Chili or Town Talk may have failed to maintain the frozen chili at the proper temperature. Keith's attorneys also have noted that botulism is odorless, suggesting that evidence about the chili's smell may not be relevant to the case.

How long the trial might last: The trial, which Judge Bob McGrath predicted could last up to three months, will be held in two phases. One will handle liability claims stemming from the poisoning, and the other will decide how the original settlements might have been affected by the withholding of the Keith documents.

The 2nd Court of Appeals ruled last year that the chili maker's claim of defamation against Keith would constitute a separate legal action.