The family of 68-year-old Susan Matthies, who was killed in Dallas, Oregon, while loading groceries into her car, filed a $3.5 million wrongful death lawsuit against the driver on Thursday, citing his Whole30 diet as a factor in the crash.
The driver, Robert Morgan, "was on a 'Whole 30' diet at the time and had not eaten breakfast or lunch," according to the lawsuit. "Morgan continued to drive his vehicle home while feeling nauseous and lightheaded."
Whole30 participants don't consume dairy, sugar, bread, processed foods, legumes or alcohol for 30 days, according to the program's website.
The victim was loading her vehicle outside of a Safeway when Morgan allegedly drove his vehicle into hers and "proceeded to run her over," according to the suit.
The lawsuit accused Morgan of failing to control his vehicle, driving too fast and driving distracted. He could not be reached for comment.
The lawsuit claims that Morgan was negligent in "continuing to drive his vehicle after experiencing health issues when he knew or should have known doing so would present a risk to people on the roadway."
"It was foreseeable that said negligence would cause injury to others," it added.
Matthies was mourning the recent death of her husband of 48 years when the "tragic accident" occurred, according to her obituary.
"Susan married Rodger Matthies in 1969, they were married for 48 years before Rodger passed away May 2017," the obituary said. "Together they raised two children, Michael and Paula."