A driver who struck and killed a woman in Oregon was nauseous and lightheaded because of his diet and should be held responsible for her death, a new lawsuit claims.

The suit was filed Thursday on behalf of the estate of Susan Matthies, who was 68-years-old when she died in September 2017 in Dallas, Oregon, a small city outside Salem. The suit is seeking $3.6 million in damages for her death from the driver, Robert Morgan, according to a complaint obtained by the Oregonian.

Morgan was driving a truck in the parking lot of a grocery store on Sept. 21, 2017 when he apparently lost control. The truck struck two vehicles, then came to a stop against a third, the Dallas Police Department said at the time. Matthies, who'd been putting groceries into her car, was in the truck's path and run over. She died later that night in a hospital.

According to the complaint, Morgan shouldn't have been driving at the time of the crash. He was on the Whole 30 diet, and with its restrictions, he'd skipped breakfast and lunch, the complaint said.

"Defendant Morgan was feeling nauseous and lightheaded," the complaint said. "Defendant Morgan continued to drive his vehicle home while feeling nauseous and lightheaded."



Information about his physical condition at the time came from a police report, a lawyer representing Matthies's family told BuzzFeed News.



Morgan should have known the risk he posed on the road in his condition, the complaint added, and that made him responsible for Matthies' death.

According to Dallas police, Morgan cooperated with their investigation after the crash.