Wyoming man sues Walmart over wrongful death

Walmart Store

The wrongful death lawsuit states that the Sheridan Walmart did not inform customers of the contaminated melons. (MyTown photo)

by Mike Stark, KOTA-TV News reporter

A Wyoming man says the Sheridan Walmart is to blame for his wife’s death.

In this wrongful death lawsuit, Frederick Lollar says a contaminated cantaloupe caused Jacqueline Lollar’s death. He is suing for monetary, physical and emotional damages.

Lollar says he made the purchase on Sep. 1, 2011. It contained listeria monocytogenes, which can cause a fatal infection. He claims he ate a quarter of the cantaloupe, while his wife Jacqueline ate the rest.

The lawsuit states both fell ill on Sep. 15, but Jacqueline felt the worst of it on Sep. 18, so Lollar took her to the hospital. She died the following day.

Tests showed there was listeria monocytogenes in her blood. Lollar states in the lawsuit that the Food and Drug Administration issued a recall for cantaloupe because some were potentially contaminated.

Before that, Walmart had removed all cantaloupes from the shelves. Lollar claims before his wife died, he went to Walmart to buy more cantaloupes, unaware at the time of any recall.

Lollar says not only did the Sheridan Walmart sell contaminated cantaloupe, but its employees failed to let customers know they may have purchased contaminated food.

According to the lawsuit, when he asked an employee why there were not any cantaloupes available, the employee only said more would come in soon. The lawsuits states he did not mention that the food was removed for health concerns, nor were there any signs in the store saying customers may have purchased contaminated food.

Walmart media relations were not available for comment. A hearing date for the lawsuit has not yet been scheduled.

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