(Aug. 1, 1:12 p.m.) A Colorado man who was sickened by a jalapeño pepper contaminated with Salmonella Saintpaul has filed a lawsuit against Wal-Mart Stores Inc.

It is believed to be the first lawsuit filed in connection with an outbreak that has resulted in more than 1,300 reported illnesses in 43 states, Washington, D.C., and Canada.

The suit was filed Aug. 1 in the District Court of Montezuma County, Colo. The complaint was filed by Seattle-based Marler Clark on behalf of Brian Grubbs against Wal-Mart and an unknown supplier.

The Colorado Department of Public Health and Environment said July 28 that that a jalapeño pepper provided by an ill consumer from Montezuma County tested positive for Salmonella Saintpaul.

Mary Siceloff, spokeswoman for Marler Clark, said Grubbs is that consumer.

Marler Clark and the Colorado health department both have said Grubbs purchased the tainted jalapeño in late June at Wal-Mart.

According to the lawsuit, Grubbs was hospitalized in early July at Northern Navajo Medical Center in Shiprock, N.M., where he was treated for dehydration and decreased kidney and liver function.

Siceloff said Marler Clark has been contacted by about 50 victims of the outbreak seeking representation. She said Marler Clark has settled 83 cases related to the 2006 E. coli outbreak linked to spinach and has 10 other cases still pending from that incident.