Lawyers representing two companies are seeking dismissal of a lawsuit filed by a woman from Eau Claire, Wisconsin. The woman said she consumed vegetables that made her severely ill.

Kwik Trip convenience stores and Del Monte Fresh Produce said they are not responsible for Averie K. Goodman becoming sick on May 30, when she experienced nausea and stomach pain, followed by debilitating gastrointestinal symptoms the following day.

Kwik Trip filed its response to the lawsuit on Wednesday, and Del Monte of Coral Gables, Florida, filed a response on Thursday. Lawyers for the two companies said Goodman can’t prove she became ill because of Del Monte vegetable trays she bought at Kwik Trip between May 14 and 29.

When Goodman’s illness persisted, she went to her doctor on June 8. A test the following day was positive for cyclospora, a microscopic parasite usually found in developing countries. Goodman began taking antibiotics, but the lawsuit states she continued to experience fatigue and other symptoms.

Goodman’s lawsuit, filed June 14, seeks payment of her medical bills, plus compensation for lost wages, pain and suffering, and attorney’s fees. The lawsuit accuses Del Monte and Kwik Trip of neglect for producing, distributing and selling food adulterated by cyclospora. The lawsuit states that faecal contamination of water used on food crops is often the culprit of cyclospora outbreaks.

Del Monte produced the ready-to-eat vegetable trays with broccoli, cauliflower, carrots and dill dip that were sold in Kwik Trip stores. Kwik Trip removed the veggie trays from its shelves in cooperation with health advisories in Wisconsin and Minnesota. At the time, some 14 people tested positive for cyclospora linked to Del Monte trays sold at Kwik Trip locations.

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