bodily harm; litigation; food allergy; wrong order; restaurant;

Women Sues After Food Allergy

Jimmy John’s Steals Voice With Wrong Order

When you place an order at an eatery, you always hope that it turns out right. There’s always a chance that someone on the other end isn’t paying attention or that they make a mistake. The next thing you know, you are dealing with anchovies on your pizza or onions on your burger. Most of the time, the results are annoying but minor. You can remove the offending item or have the whole thing replaced. However, for those who have food allergies, the consequences can be far more severe.

Incorrect Order

That could be the case with a woman who placed a lunch order from the Jimmy John’s sandwich franchise in June of 2016. A woman in Grand Rapids, MI named Lindsey Breshnahan said that she took a single bite from the item she ordered and immediately started to suffer from an allergic reaction. Her eyes started to water, she coughed, and her throat started to close.

When she placed the order, she specifically requested that they did not add Dijon mustard to the sandwich – actually, it was the Billy Club “Unwich”, which doesn’t have bread, only lettuce for the wrapping. However, they did add the Dijon. She had noticed about a year earlier that she was allergic to ingredients in the mustard.

Her coworkers had told her that she should go to the hospital, but she decided to take her medication first, believing that she would get better. She also contacted the Jimmy John’s company to let them know about the problem. They had someone come and pick up the sandwich. She had a doctor’s appointment that day anyway, and the doctor said to keep taking the medication. The family doctor, who she texted, said the same thing.

The following day, she had to go to a memorial service in another state, but the problem persisted. She was unable to speak properly, and she suffered from frequent bouts of vomiting. When she came back to Michigan, she was hardly able to speak at all, and because her job dealt with speaking to the public, she was sent home. She hasn’t been able to work for months and is on disability. Even five months later, she can barely whisper, and the sounds she makes have no real intonation.

Her attorney believes that Jimmy John’s is responsible for the situation, and that there is a reasonable assumption that they should get the orders of their customers right. Her vocal cords have been damaged, and it is unsure whether this is permanent or not. Now, she is bringing a lawsuit against the company for the damage they caused.

More than Annoyance

People around the world have food allergies, and it is something that eateries need to take into consideration. They have to pay close attention to orders to get them right, not just for convenience, but also for the safety of their patrons. It’s still early on in this case, so it will be a good idea to watch and see how it all pans out.