2002civic
04-15-2008, 01:53 PM
On Friday a friend of mine had an issue with a restaurant and was wondering what, if any, legal options he would have....
Basically we went out for dinner with some friends. He is deathly allergic to any kind of nut, and the server was informed of this. She even asked when the entrees came out if sesame seeds were ok. We then ordered dessert, which made no mention of any nuts in the description and the server never mentioned anything. He then felt a tingling on his tongue, lips and his throat got sore. We asked the server if there was any kind of nut in the dessert and she said none what so ever. He then went home, took some bendryl and then got worse. So bad that he was raced to the ER with his throat about 80% closed. Upon arrival at the ER, he was immediately shown to a room where 2-3 doctors and 3 nurses proceeded to look after him as he was BRIGHT BRIGHT red and having difficulty breathing. He spent about 5 hours in the ER and then went home, having to take meds for the weekend and not feeling well. We later found out that there were in fact cashews in the dessert.
Now, is it worth his while to sue the restaurant or will he not get very much out of it?
Basically we went out for dinner with some friends. He is deathly allergic to any kind of nut, and the server was informed of this. She even asked when the entrees came out if sesame seeds were ok. We then ordered dessert, which made no mention of any nuts in the description and the server never mentioned anything. He then felt a tingling on his tongue, lips and his throat got sore. We asked the server if there was any kind of nut in the dessert and she said none what so ever. He then went home, took some bendryl and then got worse. So bad that he was raced to the ER with his throat about 80% closed. Upon arrival at the ER, he was immediately shown to a room where 2-3 doctors and 3 nurses proceeded to look after him as he was BRIGHT BRIGHT red and having difficulty breathing. He spent about 5 hours in the ER and then went home, having to take meds for the weekend and not feeling well. We later found out that there were in fact cashews in the dessert.
Now, is it worth his while to sue the restaurant or will he not get very much out of it?