Stew Leonard's Lawsuit: Judge Says Sue the Companies, Not the People

A Superior Court judge has narrowed — without ending — the lawsuit over the death of 25-year-old New York City ballet dancer Orla Baxendale, who died Jan. 11, 2024, of anaphylaxis after eating a mislabeled Vanilla Florentine cookie bought at a Stew Leonard's in Connecticut. The cookie's label did not list peanut as an ingredient; the cookies, made by supplier Cookies United, were later recalled.

In an Oct. 15 decision, Judge Kimberly Massicotte ruled that under the Connecticut Product Liability Act, CEO Stew Leonard Jr. and individual employees cannot be held personally liable — the CPLA, she wrote, "is the exclusive remedy" for the wrongful-death claims. But she refused to strike the lawsuit itself: product-liability claims move forward against Stew Leonard's Holdings LLC, Stew Leonard's Danbury LLC, and Cookies United.

The ruling echoes a similar August 2025 decision that had also dismissed wrongful-death counts against the individuals. The Baxendale family's attorneys had since filed an updated complaint adding claims about ongoing allergen-labeling problems at the chain, including multiple product recalls over inaccurate allergy labels — but the judge held that no number of additional allegations could keep the individual counts alive.

The case is headed to trial in May 2027 at Connecticut Superior Court in Waterbury. Family attorney Howard Hershenhorn told Allergic Living the case is "going strong" as his team collects depositions from employees.

Illustration: The Brookfield Current