Kroger spared grilling by Tillery in soggy chicken case

Madison St Clair Record  |  February 4, 2009

Steve Korris

Stephen Tillery of St. Louis has settled an eight-year-old class action claim that Tyson Foods reaped unjust profit by selling soggy chickens. Tillery and Tyson notified Madison County Associate Judge Ralph Mendelsohn on Jan. 27 that they reached agreement. Mendelsohn set a Feb. 5 hearing on a joint motion for preliminary approval. Tillery client Timothy Rogers sued Tyson in 2001, claiming it purposely soaked chickens in water to add weight. Customers paid the same price per pound for the extra water as they paid for the bird itself, Tillery claimed. While the settlement satisfies Tyson, it also spares the Kroger grocery chain from grilling by Tillery. Last year he deposed Kroger for a chicken by chicken account of their sales.