SHERIDAN, Wyo. (AP) - A man suing a Sheridan Walmart, claiming his wife died after she ate a contaminated cantaloupe purchased at the store, has refiled his lawsuit in federal court.
Attorney Nicholas Murdoch, representing Frederick M. Lollar, said the wrongful death lawsuit was withdrawn from District Court and refiled in federal court Thursday.
Lollar says he bought the cantaloupe around Sept. 1, 2011, ate about a quarter of it, and his wife, Jaqueline Lollar, ate the rest.
The Food and Drug Administration later identified the lot the Colorado cantaloupe came from to be contaminated with Listeria monocytogenes. Lollar's lawsuit says Walmart removed the cantaloupes, but didn't post public notice regarding potential customer exposure.
Jaqueline Lollar died at a hospital Sept. 19, 2011, and tests confirmed the presence of the bacteria.
Walmart spokesman Randy Hargrove has declined to comment.