Patrick Cudahy foods to sue U.S. Navy

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CUDAHY - Patrick Cudahy Inc. is suing the U.S. Navy for $326-million because a Marine stole a Navy flare that was used to set the Cudahy meat plant on fire in 2009.

The plant, its owner Smithfield Foods, and their insurance companies filed their lawsuit in federal court in Milwaukee. It accused the Navy of being negligent in not controlling its supply of flares at Camp Wilson in California, where Joshua Popp stole one. His brother set it off at a family Fourth-of-July gathering south of Milwaukee in 2009 -- and the flare landed on top of the neighboring Cudahy meat plant and caused a massive fire.

The Navy rejected a claim from the plaintiffs. It said the government waives immunity from legal action only when an employee commits wrongdoing within the scope of the person's job -- and that was not the case with Joshua Popp. The two brothers pleaded to reckless endangerment, and were put on probation for three years.

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