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Brian Grubbs claims his wife purchased the peppers June 26 at a Wal-Mart store in Cortez, Colo., and soon after eating them he became so sick and dehydrated he couldn't walk without assistance, The Washington Post reported Saturday.

Grubbs has filed suit in U.S. District Court in Colorado, contending Wal-Mart and its supplier were negligent in selling the peppers, which tested positive for Salmonella saintpaul. U.S. health officials Wednesday identified jalapeno and serrano peppers from a Mexican farm as the cause of a salmonella outbreak that infected more than 1,300 people this spring and summer. Tomatoes were originally thought to be the culprit.

"Hopefully, this lawsuit will send Wal-Mart a bit of a message that they are just as responsible as the farmer in Mexico for providing healthful food", attorney William Marler told the Post.

Wal-Mart spokeswoman Daphne Davis Moore told the newspaper the retailer had not yet reviewed the suit and would not comment.

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