The suit seeks compensation and damages from Safeway, which sold Shirlee Frey of Felton, Calif., the apple; Happy Apple Co., which made the caramel apple; and Shafter, Calif.,-based Bidart Brothers, the farm that supplied the apple. The caramel apples were recalled by Happy Apple on December 24, and Bidart recalled its Granny Smith and Gala apples on January 6, after the listeria strain was traced back to its fruit.

“The subject produced was adulterated, unreasonably dangerous, and not fit for human consumption,” according to the lawsuit. The recalled brands ultimately included Happy Apple, Kroger, Karm’l Dapples and Merb’s Candies brand Bionic Apples and Double Dipped Apples.

A total of 35 people in 12 states were infected with a genetically identical strain of Listeria monocytogenes, including one case in California — the lawsuit case, according to the Centers for Disease Control and Prevention. Seven people died, including Frey. On December 19, the CDC traced the outbreak to commercially produced, prepackaged caramel apples. Twenty-eight of the 31 ill people interviewed by health investigators reported eating commercially produced, prepackaged caramel apples before becoming ill.

Listeria is especially dangerous in the elderly,…