Family Of NM Man Sues Over Listeria Outbreak

Oct 22, 2013

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.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.