Late yesterday, Marler Clark filed a lawsuit in state court in Bexar County, Texas, against Sangar Produce, alleging that the death of Hermillo Castellano resulted from his consumption of celery produced by Sangar Produce.  

Last October 20, 2010, the Texas Department of State Health Services (DSHS) announced that it had determined chopped celery from Sangar Produce was the source of a Listeria outbreak among Texas residents. Texas DSHS investigated the source of ten cases of listeriosis—the illness caused by the ingestion of Listeria bacteria.   Five of the reported cases resulted in death. The cluster of illnesses occurred over a period of 8 months.

In November, the FDA released its "Form 483" report" detailing a long list of food-safety failures at the plant.  The FDA also found Listeria in celery at the plant, as well as in multiple locations at Sangar’s facility. 

Mr. Castellano passed on June 15, 2010, after testing positive for Listeria earlier that month.