The widow of a man who died from a bacterial infection is suing the restaurant where she and her husband ate on the night of Nov. 27, 2012 before he became ill. She claims that the fried chicken strips they ordered were contaminated.

According to the lawsuit, on Nov. 27, they went through the drive-through of a popular chicken strip joint on 38th Street. That night, the woman claims, the man stayed up most of the night with vomiting and diarrhea, but the next day, he collapsed in pain. She brought him to the hospital where they discovered bacteria known as Campylobacter. In the next few weeks, the man was in and out of the hospital. He suffered other serious complications due to his illness including a heart attack. On Dec. 12, 2012, he was taken to the hospital one last time. He was pronounced dead on arrival.

The widow discovered that the restaurant had records with the Bell County Health District, which revealed conditions that were conducive to bacteria growth after an inspection. This included cooking temperatures that did not reach the required level to kill bacteria in the chicken. Also, cross-contamination from raw food was cited in the inspection report. In both these instances, getting the bacterial infection from eating the chicken will increase.

Anytime a person becomes ill due to unsafe food handling practices, the restaurant may be held responsible. The widow in this case is seeking damages from the chicken strip restaurant. She filed a claim for wrongful death and negligence. She also claims the restaurant violated an implied warranty by serving chicken that was not safe to eat. If her case is successful, the woman may receive compensation for medical bills, funeral costs and any final expenses associated with her husband’s death.