Posted on 05/26/2023 7:48:52 AM PDT by lowbridge
An Albany mother claims she was left “angry” and “betrayed” when the apple pie she thought she was buying from a local ShopRite turned out to be a cherry pie, leading her daughter to get sick when she ate a piece of it, according to a lawsuit filed Tuesday in Albany County Supreme Court.
The supermarket allegedly “misbranded and mislabeled” the pastry as an apple pie that she bought during a trip to the store on April 20, according to legal papers.
For that alleged switcheroo, plaintiff Tiffany Brady wants $35,000 in damages.
Brady, a mother of five, and her family “strongly dislike and have sensitivities and allergies to cherry pie,” the lawsuit claims.
When her 2-year-old daughter took a bite of the pie, she fell ill, the legal action states.
“Occasionally, Plaintiff will give her daughter a treat, like Apple pie,” the lawsuit states. “Much to Plaintiff’s disappointment and dismay, she trusted that the pie in question was apple and fed some to her daughter, who became sick the whole weekend after eating it.
“Plaintiff was guilt-ridden and could not sleep the entire weekend because she fed her family the mislabeled and misbranded pie.”
The pie in question was labeled a “Store Baked Apple Pie” that had a sale-by date of April 23, the lawsuit states.
(Excerpt) Read more at nypost.com ...
The smell alone (hot or cold) should be obvious enough..
$35k is a pretty small amount compared to most nuisance lawsuits. If she was asking for $35 million, that would be different. I doubt Shoprite would feel the difference financially if she wins, but it might be enough to make them careful. That’s the outcome I’m hoping for, just that grocers and food-service workers be a little more careful.
And I totally agree that the mother is to blame. But if she wins, maybe it’ll make things a little easier for the rest of us with allergies?
Maybe it was one of those single-serving “hand pies”? Those tend to be completely enclosed.
This woman did not realize it was a cherry pie? I can get being annoyed about the mis-labeling, but you know mistakes do happen. Has this stupid woman never made a mistake? Clearly she made one here, and I’m sure she’s made many worse ones.
We really, really, really need LOSER PAYS in this country. I’m sure things in general would improve immediately were that change made.
While I sympathize with your condition, I cannot sympathize with this mother. Even if she were color blind, there is no mistaking the aroma and shape of cherries vs the aroma and shape of apple slices or shreds. This is a money grab. People like this do not help your cause.
Not a single serving pie. This mother showed pictures of the pie box, the receipt, and the cut open pie clearly showing cherries.
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