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.
$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?