The family of Frank Castelli has filed a lawsuit in Rhode Island Superior Court against Defusco’s Bakery, Inc; Tony’s Colonial Food, Inc; Arnold W. Buono Companies, Inc d/b/a Buono’s Italian Bakery; and John Doe Corporation alleging strict liability, breach of warranty, and negligence over the death of Castelli.
According to WPRI, Castelli’s son bought “bakery products from Defusco’s Bakery, Inc. and/or Tony’s Colonial Food, Inc to be consumed by his father, Plaintiff, Frank Castelli.” Castelli, who was 84 at the time, developed flu like symptoms and died not long after.
According to the Department of Health, 83 people were sickened and 3 died of food poisoning associated with the cream puffs. Investigators say pastry shell storage and improperly chilled custard could be the source of the outbreak.
Buono’s owner Arnold Buono told WPRI “All toxicology reports from my bakery came back negative for salmonella.”
The lawsuit damages of an unknown amount, “interest and costs and whatever further relief this Honorable Court deems appropriate.”