HUNTSVILLE, Ala. (NewsNation Now) — A woman accused of fatally poisoning her husband with insulin stolen from the Alabama hospital where she worked as a nurse is being sued by his estate for wrongful death.

The estate of James Cappello, 37, filed suit Monday in Madison County Circuit Court against Marjorie Nicole Cappello, 33, and the north Alabama hospital where she was working when he died in September 2018, NewsNation affiliate WHNT reported.

Investigators allege Nicole Cappello gave her husband a fatal dose of insulin, according to Madison County Assistant District Attorney Tim Douthit. Jim Cappello was found dead in their garage in Huntsville, with an open grave dug in the backyard, after she reported him missing.

The lawsuit alleges Nicole Cappello stole the insulin from the hospital and used it on her husband. It accuses the hospital of negligence and lack of supervision.

Huntsville police investigator Michael DeNoon testified that Cappello, a private investigator, suspected his wife was abusing drugs, and he was preparing to divorce her, but wanted custody of their daughter. DeNoon said Nicole Cappello told him she mistakenly brought the insulin home.

Will League is the plaintiff’s attorney, and he’s representing the estate of James Cappello in an effort to help Cappello’s daughter, who is in the custody of James Cappello’s sister.

“The district attorney is doing everything they can to protect this family on the criminal side, and my firm is going to do everything we can to protect this young girl and to help her future. The law allows a wrongful death claim, which we have filed today,” League said.

Nicole Cappello was indicted on a murder charge last fall. Her case has been delayed by the coronavirus pandemic.

Officials for the hospital and an attorney for Nicole Cappello did not immediately respond to requests for comment early Tuesday.