Speaking as someone with food allergies, I’m hoping she wins this lawsuit. None of my food allergies are severe enough to require hospitalization, but they are definitely miserable. And it is disturbing how often allergies get brushed off. I have to read the ingredients list on pretty much everything, and a lot of them don’t actually list the ingredients, they list vague categories, like “spices” or “natural flavorings”. 2 of my allergies are to certain spices, I need to know the exact spices used, or it’s not safe for me to eat it.
There even are a lot of food service workers who seem to think it’s their job to “prove allergies are fake”, by purposely adding an allergen to somebody’s food.
Maybe a lawsuit will remind people that when you handle someone’s food, you are holding their life in your hands. I’m sorry to be so dramatic, but anyone with allergies has probably dealt with this same problem.
PS: I do think the mother was an idiot for not noticing the pie was red. She may want to get tested for color-blindness.
I have more than my share of food sensitivities myself but in this case, the mother is to blame and I can understand your frustration with the *it’s all in your head* mentality. It’s gotten me to the point of wishing allergies on them for having that attitude.
Nevertheless, cherry pie and apple pie do not look alike. She claims she *trusted* that the pie was apple because it said so, which implies she could see the difference. Plus, cherries and apples do not LOOK the same. If she was suspicious, she should have checked more thoroughly.
Anyone with these kind of sensitivities needs to be responsible for themselves to a great degree and not blame shift it off onto others.
Her better response would have been to take the pie back and give them the opportunity to make it right. Or she could learn to bake and make the pies herself and avoid this kind of problem, except that it doesn’t win you life’s lottery.
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.