Causing an Allergic Reaction
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- Опубликовано: 14 окт 2024
- The plaintiff ate dinner at the defendant’s restaurant. She claims she told the waitress she’s allergic to peppers, but her food was served with peppers anyway. She went into anaphylactic shock, but the restaurant manager claimed she was faking it to get a free dinner. She needed to go to the hospital, so she’s suing for hospital bills and the cost of dinner. The defendant, the restaurant’s owner, argues he paid for the plaintiff’s EpiPens and took her meal off the bill. He says the plaintiff blasted his restaurant on social media, so he doesn’t owe
Case # 28-303
#PeoplesCourt #RealityTV #Court
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I would honestly stop eating out if I was allergic to onion and garlic.
NBS!
Thankful I'm not allergic!!! Two of my faves!
@@ShugaAnnSpyceright lol
I put onions and garlic in everything I cook. I can't imagine
My friend is allergic to onions 😅 I feel so bad for her
I would NEVER charge somebody for their meal when we accidentally poisoned them. I've been in the industry for 25 years now, and that's just ludicrous.
I agree. I understand how the restaurant may have felt but when they had to use an EpiPen that should have been enough to be like, "I am so sorry, we wont charge for the meal". Let alone the fact she left in an ambulance!
Or at the maximum say: 'we'll send you the bill'
That is NOT poisoning, DUH!
@Micknkeithable So eating a food that will kill you isn't poison? DUH!
@@Micknkeithable, when you're allergic to it, it is. They're lucky all she sued for was medical bills, because allergies are no joke and it's gross negligence to write them off.
Whenever I state "no nuts" or whatever, ive noticed that servers ask 'due to preference or allergy?' and I think that makes all the difference.
"My preference is to live."
Smart. Great advocating from server.
I've only had one server ask me if I had any allergies. I honestly was surprised just because no one has ever asked me that before.
@@scotthewitt258😅😅😅
@scotthewitt258 "but will you NOT live if you eat it, or will you just be annoyed?" should be their question to that
The fact that the defendant made a joke out of her w/ saying the “red pepper lady” is crazy.
😂
I don’t think he was making a joke about it. I just thought they didn’t know her name but I bet he & his coworkers knows her name now!
@@noahbarrett4650 definitely was making a joke about her. They thought this was a lil game and the lady was lying. Their actions showed what type of ppl they are, no compassion at all.
Oh please. I’ll bet real money you’ve done similar.
@@PeopleRTheProblem lmaooo I don’t have food allergies. You don’t know me but you can assume what you want. 😂🤷🏼♀️
I am dangerously allergic to mushrooms. One time there was mushrooms in my food. We brought it to their attention- the person we told said - just pick them out. It doesn’t work that way.. at all
Hope they replaced the food with fresh, untouched food. That was gross on their part to use their dirty hands and pick it out.
It’s the case of “Pepper? He hardly knew her!” 😂😂
Omg!! I wanted to make a compilation of all the cases Harvey has this catchphrase🤣🤣It’s ridiculous😂😂
😂😂ikr
I want that guy to narrate my whole life. He's so damn serious and then makes terrible jokes like that. Cracks me up every time.
A missed opportunity for sure..
He’s not business minded, should’ve paid the bill instead of having his name publicly announced
The unmitigated gall of this restaurant owner to believe he wasn't responsible.
The plaintiff was also at fault she saw it in her meal and ate it anyway.
She didn't see it or else she would not have eaten it, clearly. She said the manager made her dig around in the stuffed clam to prove there was peppers in it and put it in her left hand@@trekgirl65
She didn't see it until AFTER she took a bite. It was breaded
Ultimately he was. But I do believe the waitress told him no red peppers.
@@trekgirl65 You must be the waitress who miscommunicated with the cook about the allergy, you and your boss need to grow up. 🤪🤪🙄🙄
I am allergic to fish and once had that happen to me because the chef cooked my chicken on the same grill. So I don't take that chance anymore and cook my food. No eating out
This person gets it
☹️man that sucks. I’m sorry.
You're smart then. Btw, these days you're not missing much. The quality of food in restaurants across the board has been plummeting lately. Prices are steadily climbing but portions are smaller and most of it is just bad. Sometimes literally inedible.
I feel sorry for the younger generations because they never got to experience when restaurant food was actually good and it was a treat to eat out.
I have a shellfish allergy. Two hospital trips but I still can't give up eating out.
You are a wise man.
no wonder he didn't want his restaurant name mentioned.
This makes him look really bad.
Popei’s clam bar
@@Denise.T
Where is it located?
I would like to know the name of the restaurant. I would not go or recommend them.
No it does NOT! She just needs to stay her butt home and cook for herself! That is the problem with this world, people expect others to bend over backwards for them and NO ONE needs to do that for ANYONE! Lack of hygiene that causes illnesses to customers? Yeah, I would not go back, a personal problem that no one has control over? You're taking that risk when you sit down and someone else cooks for you!
Chefs have egos about their craft. Give this woman her money.
Everyone has ego
I am sure the waitress told him no red peppers only. Not really his fault. But he is ultimately responsibe
What a blessing it is to have no allergies & five children w/ no allegies. As much as I like to eat out, I would hate to have issues like that
I agree!! It's a huge blessing
Agree
my best friend has 2 kids with peanut allergies!! i feel so bad for her. we ate reeses in the garage last time i visited
My relative has 4 kids all allergic to nuts, dairy and seafood. I make sure they don't get into a anything while at my house
@reginadavis7499 yesss same where, & my Nana was a nurse and she always believed it's all these inoculations that's forced on the parents to administer to these kids. I was born in the late 70s and honey. We didn't have all these allergies.!! Back then we could bring any snack for all the class for all the children to share now you better not.!!!! Must b sooo very cautious!
It don’t matter if she said she was elegiac to peppers or not she said no peppers and you still gave her peppers.
Exactly!!!
Some restaurants just don’t get it. I once asked for a salad with no chicken because I was vegetarian. The server said it comes with chicken on top, and I said I’d still pay the normal price, I just don’t eat chicken. She still insisted it comes with chicken, looking at me like I’m crazy, and when she finally brought the salad she still brought out the chicken on a separate plate 🤦🏽♀️
@@ashb7846 I think nowadays, servers and restaurants… Just want to be difficult! (nobody cares anymore)🤷♀️
I agree with the Judge on this 100%.
My Dad is 76 years old and deathly allergic to shellfish. Every time we go out to eat we make it abundantly clear of the severity of his allergy, including ensuring that no shellfish has had any contact with the cookware his food is to be prepared on. It’s the same way at my house for gatherings and holidays. I prepare all shellfish and seafood in specific pots and pans, and they are placed on a specific counter away from all other dishes.
i'm severely allergic to shellfish as well. my ex-husband loves shrimp and he could only have it when he went out to eat. i couldn't have it in the house. immediately after eating and before we got back in the car, he had to wash his hands, arms, face, and mouth. otherwise, if i touched anything he had touched, i would immediately develop giant red rashes. if i touched something and accidentally touched my face, my throat would close up.
Why on earth would you include shellfish in meals when your dad is deathly allergic to them. There are thousands of other foods you can serve. smh
@@citytrees1752 -
We have a huge Italian-American family, so a gathering or holiday menu consists of around 50+ dishes. My Dad is not so selfish as to deprive others of enjoying dishes that include shellfish, and we are not so ignorant to expose him to anything shellfish related. Hence the separate counter, dish labels, etc. We have the antipasto, insalata, primo, secondo, and dolce sections all labeled as other members have milk, nut, etc allergies and sensitivities. We also communicate and engage with each other.
I am not stating this would work for everyone, but it has in my family for over 40+ years and counting.
I personally go into anaphylaxis when exposed internally to penicillin, however, I don’t deprive patients the Rx or berate the doctor for having me administer a shot. I believe there is a happy medium, and that is the mentality I was brought up with.
@@DLParks-ws6fz There is no happy medium. Don't serve your dad shellfish or use anything that's had Shellfish in it. Simple as that. Doctors would agree.
also, most people with allergies are very aware of what they can have. If they're allergic to one thing,they are not gonna have anything of that variety. like I'm allergic to peanuts, but I don't even touch any other types of nuts. if she was only allergic to red peppers, I doubt she would be OK with eating green ones.
same. i'm allergic to shellfish, but i won't have any seafood at all. i don't want to chance it.
There’s a boy in my school allergic to peanuts and I saw him with a whole bag of gourmet nuts and I’m like are you only allergic to peanuts or something and he was so smart and aware of his allergy he explained how he was only allergic to tree nuts
I always wondered why airlines feed peanuts as a snack...
THEY'D BETTER NOT HAVE EATEN!! Epi Pens don't last long enough to save your life.....they last just long enough to get you to the hospital alive. There's no time for anyone to finish dinner.
I smell a win. This restaurant was tripping and had absolutely no sympathy! My goodness
Some people have a difficult time to admitting that they made a mistake or that they were wrong
She shouldn’t eat out
@@PeopleRTheProblemthat’s irrational. I’m sure there’s ingredients you don’t care for and wouldn’t want in your food that doesn’t mean you should never eat out, ridiculous statement.
@@PeopleRTheProblem do you not believe in equality?
@@melissachatwin9673 yes. Do you?
Wow!! Smh making her pay🤦🏾♀️🤦🏾♀️
That's why she penalized the defendant 😊
She should not eat out
Try going a year without eating anyones cooking but your own. Having to shop fr special foods and make sure NOTHING has items that could kill you. Oh and you cant be a normal person and even eat at a fast food place. No you have to cook EVERY meal yourself. The whole point of takeout or going to dinner is to get a break from having to cook ALL the time. Bet you couldnt even make it a month, so dont judge and put the blame on her. @@PeopleRTheProblem
@@PeopleRTheProblem That's what I said! She shouldn't be eating out or with others at all. What if she uses the wrong napkin or drinks from the wrong glass? Or rubs her eye?! Ruining everyone else's good time just cuz she's allergic. She should've PAID for her son AND his friends to eat out without her, not drag them along while she's whining in the hospital! That was selfish and stupid on her part. If she wanted her son to have a good time, then do everyone else a favor and stay home!
No wonder defendant didn’t want business named. Not a good look.
RIGHT!
He looks like an irresponsible, uncaring jerk. He should have just paid her.
I found the name of the business just by googling his name 😂😂
Most restaurants do NOT take food allergies serious enough, and most wait staff, especially the younger ones haven’t a clue!
My husband is deathly allergic to shellfish. I happen to love shellfish, but have learned that we can only go to a couple of places we can trust.
He also carries an EpiPen, and he has fortunately only had one serious reaction over the many years that landed him in intensive care.
We did not sue, but sometimes wish we would have. Nowadays, we would definitely sue, because this is very serious and my husband nearly died the first time.
So wait staff and cooks, start taking food allergies more seriously.
People can die sadly enough, before you can even get them to an emergency room!
Your husband almost died….and you continue to eat out?
@@PeopleRTheProblem
We do. Had you read through my post you would read that he is allergic to SHELLFISH.
So we only eat at places that we have eaten at for eons and served by people that know us and that we trust.
When I’m in the mood for shellfish, I go out with a friend or friends rather than my husband.
Easier for you to understand now, or do you need further explanation?
@@kacym.118 if you read your own comment, how did he have a reaction if you don’t eat at places that serve shellfish? And you eat shellfish….can’t that have a possibility of transferring to your husband? I mean the recycled air in planes will carry peanut dust throughout the plane. A little girl almost dies that way. So can you now see my “confusion”. Almost dying is a significant life experience. You’d think you’d stay far away from the cause of the near death. You (and others here) push the blame (and responsibility) onto the restaurant because you can’t go without shellfish.
@@PeopleRTheProblem
So it’s obvious you’re not familiar with the fact that allergies can be worse for some than for others, and can even be worse or not as bad at different times for the person suffering allergies.
Or some people are only affected if they ingest what they are allergic to, but may not have any reaction if they inhale it or even touch it.
And what I eat when I’m out with my friends has never seemed to be transferred back to him. By the by, this happened to him years ago in a badly run restaurant out of our state.
The little girl who had an “alleged”reaction from peanut dust being spread throughout an airplane, may have very severe allergies to peanuts, or being a little girl, might have gotten ahold of a peanut and eaten it unbeknownst to anyone else. Or perhaps this was a scam in order to sue a big corporation, I wasn’t there and likely neither were you.
I can clearly see that you’re confused, and that I can only imagine is just who you are.
Therefore, I can be of no more help to you.
If my comment is tormenting you this much, perhaps reaching out to a professional would be a good next move.
Allergy or not if I say no peppers don’t put peppers in my food tf
People in the food industry need to be more careful with allergies. A young lady recently died from eating a mislabeled cookie that had peanuts in it.
You’d think if you could die you just wouldn’t eat out, or any place where you don’t have complete control over the food
There's disclaimers about ingredients containing nuts. It also says to let the server know of any allergies. Once they're made aware, I think the responsibility is on the restaurant.
This case made me so angry! The judge asking about the other people eating was insane. Who's going to keep eating as someone at their table is going into shock?! I can't believe they made her pay and that she actually paid. I would have left. They caused a delay in her seeking medical treatment, that could be a matter of life and death. I want the restaurant named, people should know to avoid it.
AGREED. The whole night was ruined for everyone. I would like to know his restaurant as well...what a jerk.
@@mrshappilymarried1 Popei’s Clam Bar
Glad I wasn't the only person that felt this way. Could't believe she was asking them how much they ate of their meals. Restaurant should have called 911 instead of confronting her in the restaurant over payment. And all this woman was asking for was out of pocket medical expenses and reimbursement for the meal never eaten. Its not like she tacked on a bunch of extra money like so many plaintiffs on here do....
Some males can eat through anything. She also needed to know if any kid got the meals put in the container to go. 👩⚖️
She was just asking to make sure that no one finished the meal while she dealt with the allergy. She would have said that the person who kept eating properly would have to pay.
WHAT A FOOL for fighting this in court! His defense for causing a life-threatening episode that involved an actual hospital stay overnight: "it was a misunderstanding (and therefore I don't think I should pay for it...SHE should)". Ridiculous! Clueless! And Callous!
I go out with friends that food allergies, why the hell would I tell them “ you’re allergic? Oh stay home” like some comments say here. Lots of restaurants work with people that have food allergies.
Why not? If you can die why are you risking your life? It’s sucks but it’s not my problem.
@@PeopleRTheProblemyes you are right that it is not your problem. If you own the restaurant,it's within your right to refuse to serve such people. And it's those people right to review their experience at your restaurant as well. Ultimately it's your freedom to do what you want as long as your action doesn't infringe upon other people rights.
@@arinpoonpinrode1467 refuse to serve someone based on a health condition? That's called discrimination.
This chef doesn't know that red pepper and green peppers are the same friggin pepper? They're just picked at different times. This guy has no business being a chef. He's gonna inadvertently kill someone.
hhahaha that’s what i thought too! the color of the pepper doesnt matter at all
Nobody cares. It's her fault for eating out and ruining everyone's good time.
I was looking for this comment. Peppers go green, yellow, orange and finally red. How can a chef not know this? It's very basic information.
The defendant was a jerk. They immediately assumed that the plaintiff was trying to run off without paying...who in their right mind would go in a large group and try to run out on their bill...frankly it is very despicable of the restaurant owner.
My mother in law was legally blind and had to be in a nursing home. When she first was admitted we (her son and I) met with the director of the facility and went over EVERYTHING as far as any medical issues and ESPECIALLY the fact that she can't have onions, peppers or tuna fish. The director even had the head of the dietary department be there to make notations in her file. The first time they gave her a hamburger and she asked if there were onions on it, because she could smell them!! The orderly assured her there weren't any.....and she was violently ill for several hours. The next incident was they brought her a TUNA FISH sandwich for lunch. She told them she can't eat tuna, and the orderly said " we can't just make you something else because you don't LIKE tuna". We got a call from her crying because he was so flippant with her. My mother in law wasn't the type to complain or make a fuss.....needless to say, my husband and I went over there any ripped them a new one!! Oh, she was also a diabetic and had had open heart surgery!!
Good for you. More people need to stand up to this and not have their loved ones needs ignored
How stingy is this restaurant for contesting the bill? Absolutely ludicrous. It must be hard for restaurants to cater to allergies, it's just not the worth the responsibility. They're better off making no guarantees.
I completely understand what everyone is saying but why even take the CHANCE of ordering a meal that has something your allergic to? Also...how do you not see the bright colored chunk of bell pepper and keep eating it? Was it pureed in? Peanuts are chopped small and hard to see in sauce but a chunk of bright pepper isn't hard to miss. I have allergies that require an epi- pen so I don't understand this lady's logic🤷🏽♀️
Agreed! All of this could’ve been avoided
If you have that kinda allergy she shouldn’t have even touched anything unless she was POSITIVE of what she was about to eat. She isn’t a child.
@@Shellygrrl2573**you're allergic to*
@@Queeni_3e *YOU'RE pedantic. Have a 🍪
I think I would take my own food and take it in a lunch box😊 and let the other people order 😊
Chefs always think that allergies are just a suggestion.
Yup cuz I have a food allergy too... And I'll let them know as well as if they don't do so that they'll have a lawsuit or a dead customer
She needs to comb over her food before taking a bite. She also could order dish that she knows for sure does not have pepper as an ingredient, ie. Mac & Cheese. When the plaintiff mentioned that she ordered clams, JM automatically knew that the dish was traditionally made with peppers.
I have absolutely had mac and cheese with peppers in it. It's really good too!
The BREADING had it in it. I have had breading with peppers in it. Most clam breading doesnt include peppers. Hell most breading doesnt incorporate peppers into breadings. That is mostly a southern thing. Mac and cheese safe? What if it has bread crumbs over it that included mini peice of pepper? I have had that served to me before. Anything CAN have pepper in it, not everything does automatically. But that is why she told waitress about allergy.
Judge Milian: I don’t know how you even go OUT to dinner 🍽️. Exactly!
If my allergy was food, I probably would avoid restaurants all together.
It's especially bad for people who have tree nut allergies. Every meal has the strong possibility of having at least SOME traces, even if nuts are not used in the specific dish. Little "dust"-like chunks get EVERYWHERE if the places uses the peanut chips. Such as Dairy Queen™.
@@scotthewitt258 Actually pretty much everyone that works in hospitality and around food have training in how to prepare food for a person with allergies, they have certain equipment to prepare the food on to keep it separate and uncontaminated
@@melissachatwin9673 No offense. But you are not building computer chips in a sterile room. There is no way to 100% guarantee that contamination can be 100% avoided.
I would fire the waiter after this….
The guy should have done the right thing and taken care of her. He probably caused much, much more damage to his business and reputation by letting this go so far. Unbelievable.
“I have a young son”
“How old is your son?”
“17”
That is not young lol
Sure it is. He’s still a minor. And too young to be made an orphan.
@@SarahParker-bo9uz He’s still a minor but no, that is not a young son. Young is under 10.
@@SarahParker-bo9uz yup because she mentioned she was recently widowed. I get it … she would not want to also pass away and leave him alone.
What does her being a widow have to do with case.. not being facetious...
Trying to get sympathy
She was only making the point that she tries very hard to make she’s clear so she doesn’t die and leave her kid with zero parents.
@@SarahParker-bo9uz got it !!
@@SarahParker-bo9uzexactly
@@SarahParker-bo9uz lol…yeah that’s why. Not to garner sympathy
In my opinion, the defendant and his staff were insensitive to what truly happened to the Plaintiff. The money/tab was more important. To have her pick through the dish instead of rendering aid was absolutely ridiculous.
Why would fried clams have green peppers? That doesn't make sense 🤦♂️
In the breading.
The stuffing
@@kred_65 , oh
@@oneshot2g , ty
Flavor.
Guy's pretty callous for someone who could have killed someone with the establishment's negligence. Expensive mistake but still on them.
Peppers in clams?
Must b a Greek thing!😅😂
mimiscule peices of pepper in breading is a southern thing. I have had chicken tenders same way. Its a matter of the breading.
My daughter in law, is allergic to a colouring, which is put in food and medicine, and horsehair, and cob nuts. And it’s very frightening to go out with her, the amount of times she’s rushed to Aand E , and sh goes into anaphylactic shock. A medicine even spilt on her skin sends her into shock also.
I’m allergic to alcohol, every time I drink I break out in handcuffs. 😂 jk I heard that onDr. Phil one time and it made me laugh.
Glad you were on time,and not late.
As someone who has suffered at the hands of an alcoholic, that joke is not funny and jokes like that make it harder for society to take alcoholism more seriously then it does.
@@charliefleming3251 calm down and take a breath my friend. I’m glad you got out of that situation, I myself am a survivor of many things. In my therapy it took me a long time to laugh about anything. My sense of humor is what gave me strength. If my joke offended it was not my intention, no one takes addictions lightly.
LMFAO!!
@@coffeeaddictexpress5038 I thought it was freaking hilarious! Lmfao!😆😆
As someone who has a epi pen.. Severe reactions and food allergies.. Unless u know.. U don't. She needs 5000 bucks but is only asking for her bills to be paid... It's extremely scary when it happens. Pay the lady! 👩🏾⚖️
How about not going out to a public restaurants if it's a life or death concern as she stated? $5000?? For what? She was presented the food & ate it! I can sympathize with a food allergy except if their was a possibility of a severe health risk it's the responsibility at the end of the day for that person to inspect the food especially if it could kill them. Most ketchup has peppers in it, if it was on the table & she consumed it who's responsible?
I bet this lady texts and drives. She can stay home if she’s allergic. Stop ruining other peoples’ evening
@@seanoneil2110 how about practise the food handling skills you were taught before becoming a chef and don't be slack in your prep and food knowledge and skills.
@@seanoneil2110 bye... We gotta live too.. U go the rest of your life never eating out and let me know how that works for u... She gave specific instructions and they weren't followed. The end
@@PeopleRTheProblem and I bet u ruin people's dreams lol... We aren't supposed to be amongst the living because we have allergies??? How about people FOLLOW directions.. Yall some weirdos on Beyonces internet 😂😂
I'm sorry, but I'm so petty that if I were the plaintiff I would have dropped the name of the Restaurant! The audacity to stop someone as they're going into shock from your negligence and make them pay knowing they didn't eat the food.
The show would probably edit it out if you did.
I’m allergic to bees and I carry my EpiPen everywhere even in the winter. How do you not take your EpiPen into a restaurant if you’re allergic to food?
I was thinking that. I would think you would want to carry it close to you at all times.
@@jacintaoconnor2195 if the allergy as a severe issue describes - then yes. The time it would take for someone to run to the car would be life and death. Anytime we go anywhere - my family and friends asked me if I have my EpiPen. It is attached to my car keys and clips to my belt because I don’t carry a purse.
Thats what i thought.@rbrtnoble
@@rbrtnoble
I carry an epi pen for a nut allergy, but I never heard of an epi-pen clip for the key ! Thanks for giving me one more item to buy from Amazon 😂
@@potmeetkettle I use a carabiner
The restaurant owner just seems like he couldn't care less about what happened to her. Even if the cook questioned asking about peppers, he should have really dug into why she didn't want the peppers, to see if it was an allergy or her just not liking them. I am allergic to bleu cheese and had gone out to dinner and ordered an antipasta salad and made sure I told them no bleu cheese but I guess they were all premade because it looked like it had been picked off but they didn't get all of it and I ended up in an ER for several hours because of the reaction. That owner and the manager both just sounded like cold hearted, non-caring people
That may be the BIGGEST COLLAR on a shirt I’ve ever seen
SHE PAID THE BILL??!
She wanted to get out and get to the hospital. Did what she had to to leave without a fight and hashed it out later.
OMG, I had a friend who was deathly allergic to onions. I couldn't even have onions in case we kissed. He was vehemently opposed to onions and rightly so! I feel so bad for those who have such severe allergies. I'm glad it worked out for her in the long run.
you kiss your friends....accidentally?
@citytrees1752 no not accidentally. Never said accidentally.
I have food allergies and it is extremely hard to eat out, even now with awareness in the industry it’s still very difficult.
It sounded like she said she cannot have red or green peppers and they didn't listen and only heard red peppers. Why would she say only red if she was also allergic to green? It sounded like the restaurant was not very sympathetic and thought she was just making a fuss. I was glad that she won.
The restaurant owner lacked any sort of empathy, which is sad considering this could’ve ended a whole lot worse for the customer. I wish they said the name of the restaurant so anyone else with food allergies could avoid it. The owner’s behavior in court clearly shows why his staff also doesn’t care about their customers. He leads by example and that’s a shame!
If you can die from eating a very common food don’t eat out. Or if you do you do at your own risk
@@PeopleRTheProblem I thought America was all about rights
@@melissachatwin9673 rights for everyone. Not just a person with allergies. You would agree, no?
Green and Red Bell Peppers are the same exact thing...
Exactly. Just different stages of ripeness.
Actually there is a variety called Permagreens. They are green when fully ripe still. They have been selectivity breed over many generations to stay green when fully ripe. Thats the kind of green pepper most commonly used in restaurants and markets.@@MrStv1163
True, but I would definitely say green and red just to be on the safe side.
I can’t fathom that guy not crediting the whole meal AND offering coupons for free meals in the future. That guy does not belong in the restaurant business, unfortunately he belongs in government.
I have a friend that is allergic to green peppers & she has severe reaction same as the plantiff. It is scary & I agree with judge u don’t think it’s taken as seriously as it should be.
The waitress was outrageous!
She isn't asking for no more or less then what she had to pay. But I think this is one where she could have received more for pain and suffering.
So many people think my gluten ALLERGY is just a food preference...nope it's an ALLERGY
Tell them you will die if you eat what you’re allergic to!
The restaurant owner and staff that served her are at fault and should pay.
Why wouldn’t you carry the epi pen with you at all times?
Plaintiff:I have a young son!
Jm:How old is your son?
Plaintiff:17
Everyone Else:Bish he is almost a grown man in 49 states by law 🤔
I developed a red pepper allergy when I turned 30 and it sucks! Can’t eat a lot of my favorite things anymore. I feel for her!
Ive worked in restaurants long enough to know folks with allergies can get cross contamination from foods that can be cooked alongside their food or whatever.
Allergies, especially ones that can cause anaphylactic shock are scary! I have an allergy to Latex,and cholesterol medication, and either can cause me to go into anaphylactic shock. I have to be really careful when it comes to Latex because it could be in anything, even underclothes!
I think the waitress should ask every table before they order if they are anyone who is allergic to anything
Wow, the comments are so harsh to this lady. I you all don't ever have a serious allergy or a love one that does smh
I know…. No empathy whatsoever
If she is so allergic, she should have her epipens on her person at all times.
Agreed
It was in the car. Not like she came completely unprepared
I agree, and if it is life threatening then I would of checked my dinner thouraly with a folk. I would NEVER take any person's word regardless. She should of had her pen in her handbag/ wallet. Seems like she might a Karen. I do think that she is a little responsible.
@@Ali03751No, not in the car. In anaphylaxis, seconds count.
If you leave it in the car, you're screwed. Carry it in your pocket or purse.
if you are a chef, you should KNOW if a customer says NO X that this means they have ALLERGIES! How big of you, that you comp’d her her meal and TWO EPI pens. You could have killed her. The defendant is really nonplussed about the whole thing. WOW!
I had a cheese allergy for a long time, not dairy just cheese, and people got things wrong all the time!! Servers should know the menu better and try to avoid poisoning people by asking questions
Peppers are all green until they get ripe. When ripe they are red, orange, yellow, or purple. A green pepper is still a pepper. Some languages call them by the genus name, Capsicum.
In Australia we generally call them capsicum, but pepper is still used.
:)
If she pulled out pieces she should’ve seen them.
Yes, capsicum 🫑 I love them and eat them like apples. The different colours differentiate the ripeness and taste, the red ones are the sweetest 💕
That doesn't make them the same strain. They are different. Apples, oranges, grapes, cantaloupe, strawberries, peppers, onions, squash, pears, and 1000 other fruits and veggies are green until they ripen. You should maybe visit more gardens.
Wow! It's not like she just didn't want them in her food. She could've died. Why wouldn't you want to pay the hospital bill?
I hate that theyll honor if someone says they don't want their business name being mentioned after they did something foul.
It’s because they want people on the show. It’s also why they pay the judgement
a family member has a severe nut allergy. i don't know how he copes because you can't even see it when it is in oil form. it is crazy.
Defendant walks in.
“Yep, I know the type!”
I love the defendants facial reactions
I think it's outrageous that they wanted to charge her anything for that night at any of those meals how cheap can you be if somebody has an allergic reaction because you made a mistake and then you don't comp the table
Should have a card printed describing her allergy to give to the chef.
If your allergy is this bad, wth are you doing eating out.
You can’t enjoy life bc of an allergy that can be completely avoided in public. She literally said she couldn’t have it, so they shouldn’t have put it in. And she came prepared bc she’s aware of her allergy. That doesn’t excuse the restaurant. Ur a weirdo for thinking that.
@@qveensirah8242 “YoUr A WeIrDo”
@qveensirah8242 Thank you! Some of these comments..honestly. Because a person has an allergy they should never ever go out to eat. And while they're at it, barricade themselves in their house so they don't inconvenience anybody 🙄
I guessing you're blessed with no food allergies and clearly you take it for granted. What a total shallow mentality. So should everyone with a disability or allergy stay home and not be able to enjoy what you are able to? How about YOU STAY HOME?
Horrendous on the resteraunts behavior! That life threatening!
If you're that allergic you shouldn't be eating at places that sell whatever you're allergic to. And you should always have an epi-pen.
Some trouble??? He is a jerk!!! Epipens aren’t prescribed for minor allergies!!
I work in the food service industry and the payment is the last thing we would worry about. The customer NEEDS to say "allergy" because people will ask for something different because reasons. In this case, comp everything and cover medical expense.
There is no way I’m gonna pay full price for my meal and then go sit at the hospital and eat it after someone in my party had an allergic reaction to something they were served after being explicitly told she was allergic to.
Why in the hell would the defendant's restaurant fight this? Ridiculous.
Ego
I just became allergic to shrimp at 27
So many servers and restaurants view food allergies as people just following the latest fad. Yes, there are people that claim allergies for sympathy. But there are many, many more that are truly deathly allergic to certain foods. If someone says they have an allergy, take it seriously and don't appoint yourself food police("oh, you're just being dramatic/aren't REALLY allergic"). Shame on the restaurant for making the other diners pay for their food. Disgusting behavior towards another human being.
I feel the person with the allergy should be extremely specific and should communicate that with their server so the people preparing the dish can take adequate measures to avoid cross contamination from other dishes they were preparing.
Food allergies are no joke.
When I worked in a fast food restaurant, there was a customer who was allergic to tomatoes and the insanity that went into preparing that burger was insane, during a lunch rush, no less.
I feel that the woman did not convey the seriousness of her food allergy.
.
Shouldn't have to, no peppers is no peppers.
Customers need to make it known when they have a food allergy.
I think it's a greater responsibility towards the restaurant when they are aware of a specific food allergy. I don't like peppers but if some gets into my food I won't die. Might not be happy but I'll be alive.
If I'm allergic and I let you know totally different outcome. Just my two cents.
How much more specific does she need to be. To list every pepper in the world?
My son is allergic to certain types of nuts, and I always keep an EpiPen in my purse at all times.
The smirk on the plaintiff’s face
At the beginning I thought she said about ground pepper that you put over eggs. She needs to be specific and carry a picture of what she's talking about. Aside from that, restaurant didn't know how to please the customers. If she didn't have to pay for the meal, she wouldn't sue.
The point is they should haven't botched it! If you dont know you kindly say were unable to serve you as were unsure! Not take the risk on someone elses life expense! She should have sued for negligences! Plus pain and suffering!
What in the world is their excuse for not immediately making right their wrong???
I have food allergies and before I start eating I inspect my food to make sure. I have allergies to eggs, avocados, bananas and tree nuts. I've had a few instances (its always avocado) where the restaurant messed up. But I've only eaten the food once (taco bell avocado ranch). The other times it was plain to see.
I feel like the way she described the peppers, it should have been obvious it was made incorrectly.
She didn't have her epi pen on her, if its thats severe, why doesn't she carry it with her? If you know your allergy, order food that doesnt have that ingredient. Just flat out avoid it if you can. Specifically getting something and asking to keep it out of the meal is asking for trouble.
I get there is a chance for miscommunication, but from my experience, if you say the word "allergy" to wait staff, they take care to try to get it right. Especially if it's at a place that ends up being $150 for a few people.
I honestly suspect she said "red peppers" and waited for it to go wrong. The way she answered the judge, first thing "I'm the only parent, I have to stay alive." makes it feel like a main character moment, and a chance for her to get attention and sympathy from her son and his friends.
She was VERY specific about "i put the clams in her left hand". Honey, no waitress is gonna stand there and let you stack clams in her hand. And that lie was a little too detailed for me to believe.
I think the jidge got hosed on this one, and the plaintiff got exactly what she wanted, a comment section full of sympathy and her 15 minutes of fame.
the judge's friend seems way too nonchalant about her allergy.
My son is highly allergic reaction to mushrooms.
I work at starbucks one time a customer came in to pick up her mobile order. It was a caramel crunch frappuccino cream based. I had just gotten to work so i wasnt the one that made her drink but she asked me "Hey are you sure this has no coffee in it? Im allergic so i rrally cant have any." I looked at the frappuccino which looked a little dark and told her if remake it just in case since i wasnt the one that made it. When someone says allergy i instantly make it a serious situation. I know the cross contamination that can happen and that when someone says allergy its not to be a menace. Most people are honest about allergies and should be taken seriously.
If I owned a restaurant I think I would just say yes probably that allergy causing thing is in the food, that way you don't accidentally kill anyone!
Agreed and put it in writing on a sign in the front.