Woman who contracted botulism in California sues nacho cheese-dip maker

SACRAMENTO, California -- A woman who contracted botulism after eating nacho-cheese sauce sold at a California gas station is suing the business and the maker of the cheese dip.

Lavinia Kelly's lawsuit claims she suffered severe and permanent injuries and alleges negligence in the manufacturing, distribution and sale of the tainted sauce sold last month in Walnut Grove, a suburb of Sacramento.

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State health officials say the contamination killed one man and sickened nine others.

Kelly's attorney, Bill Marler, says there are at least two more unconfirmed cases of botulism linked to the outbreak and he expects to add five more people to the lawsuit.

Marler says the contamination appears to be confined to one bag of cheese dip and that some sort of manufacturing defect enabled the botulism spore to grow inside the bag.

Calls to the defendants have not been returned.

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