Food Service & Agriculture, Law, and Retail

Woman with food allergy loses appeal

July 9, 2019
| By AP |
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A woman who said a sub sandwich damaged her ability to speak has failed to persuade the Michigan appeals court to reinstate her lawsuit.

Lindsey Bresnahan didn't want Dijon mustard on her Jimmy John’s sandwich, but the mustard was mistakenly used.

Bresnahan believes she's allergic to horseradish in the mustard. The impact was severe: She had to undergo speech therapy to regain full use of her voice.

But the appeals court agreed with a Kent County judge who said the Jimmy John's franchise in Comstock Park isn't liable, even if staff made a mistake.

The court said employees weren't told Bresnahan was allergic, and the reaction was "not foreseeable."

The court said it's unreasonable to require restaurants to treat menu modifications as a "possible severe food allergy."

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