West Lafayette restaurant faces lawsuit after food poisoning death

(WLFI Photo)

WEST LAFAYETTE, Ind. (WLFI) — Cynthia Zdravich is suing Agave Azul Mexican restaurant for the death of her husband.

Four people said they got food poisoning shortly after eating at Agave Azul on Oct. 22, 2016.

Alexander Zdravich, 66, was one of them. He died four days later.

His wife, Cynthia, was hospitalized but recovered. Now she’s taking the restaurant to court.

The complaint said Agave Azul’s negligence resulted in the death of her husband, and she’s seeking compensation through a jury trial.

Josh Westerfield said he would have sued the restaurant, too. He used to work in the food industry.

“That’s part of being a restaurant owner,” said Westerfield. “You should know what you are serving, and I’m sure they know if food has gone bad.”

Agave Azul refused to comment Monday, but court documents show the restaurant is denying the allegations.

The documents said Zdravich contributed to the negligence and “assumed the risk.”

The Tippecanoe County Health Department inspected Agave Azul five times from October 2016 through February 2017 and again in August 2017.

The department said those inspections revealed several deficiencies in food handling practices.

You can view those inspections by clicking here. 

The restaurant, however, is still open.

Westerfield said he won’t eat there anymore because of this incident.

“My heart is out to the family,” said Westerfield. “I mean, I hope they heal from it and get what they deserve.”

WLFI reached out to attorneys on both sides of the case but haven’t heard back yet.