GALLUP, N.M. (AP) — The family of a New Mexico man who died after eating contaminated cantaloupe is suing a produce distribution company, a food-safety firm and Wal-Mart.
A Seattle law firm filed the lawsuit Tuesday on behalf of the family of 77-year-old John Martin of Gallup. The complaint alleges Martin fell ill with a listeria infection after eating a cantaloupe purchased at a Wal-Mart in Gallup in September 2011.
The lawsuit contends the defendants had a duty to ensure the produce they were testing, shipping and selling was safe for consumers. In addition to Wal-Mart, the lawsuit names Frontera Produce and Primus Group.
Martin was one of several New Mexicans who died in 2011 after eating listeria-contaminated cantaloupe. In all, 33 deaths were reported and 147 people were hospitalized in 28 states.