Sheridan man refiles wrongful death lawsuit against Walmart - KOTA Territory News

Sheridan man refiles wrongful death lawsuit against Walmart

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Attorney Nicholas Murdoch, representing Frederick M. Lollar says the wrongful death lawsuit was withdrawn from District Court and refiled in federal court Thursday.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.

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 This material may not be published, broadcast, rewritten or redistributed.

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