The estate of a woman fatally struck by a dieting driver in an Oregon grocery store parking lot is suing the motorist for alleged negligence and citing his Whole30 diet as a factor in the accident.
The $3.5 million wrongful-death suit was filed in state court Thursday on behalf of the estate of 68-year-old Susan Matthies, who was killed Sept. 21, 2017, outside a Safeway in Dallas, Oregon. The legal claim was reported by the Oregonian newspaper.
He did not face criminal charges in the accident, according to the newspaper.
The lawsuit alleges that driver Robert Morgan "was on a 'Whole 30' diet at the time and had not eaten breakfast or lunch. ... Defendant Morgan continued to drive his vehicle home while feeling nauseous and lightheaded."
Participants in Whole30 avoid processed foods, grains, legumes, soy, dairy, sugar and alcohol for 30 days.
Matthies was putting groceries in her vehicle when Morgan's vehicle struck hers and then "proceeded to run her over," the suit alleges.
She died that night at Salem Hospital.
The suit claims that Morgan failed to control his vehicle, drove too fast, drove while experiencing "health issues," was distracted and failed to obey traffic laws.
"It was foreseeable that said negligence would cause injury to others," the suit states.
An obituary for Matthies called her death a "tragic accident."
NBC News was unable to reach Morgan Friday evening for his response to the filing.