West Lafayette restaurant faces lawsuit after food poisoning death

Cynthia Zdravich is suing Agave Azul Mexican restaurant for the death of her husband.

Posted: Oct. 31, 2017 9:20 AM
Updated: Oct. 31, 2017 9:20 AM

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

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As we previously reported, four people said they got food poisoning shortly after eating at Agave Azul on October 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.

It said Zdravich contributed to the negligence and 'assumed the risk.'

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

It said those inspections revealed several deficiencies in food handling practices.

You can view those inspections by clicking here. 

The restaurant 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."

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

News 18 will continue following the lawsuit as it moves through the court system.

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