Posted on 03/26/2015 10:25:17 AM PDT by Responsibility2nd
The family of an 11-year-old boy is suing the Publix grocery chain, saying the child was allergic to nuts and died from a severe reaction after eating a cookie despite a worker's assurance it was safe..
The lawsuit says Derek Landon Wood of Alabama died in June 2014 shortly after eating a chocolate chip cookie purchased at a Publix store in Clarksville. The boy, who was visiting family in Tennessee, was allergic to tree nuts. The lawsuit, which was filed March 20 in federal court in Nashville, says the store bakery did not post warnings about ingredients or possible cross-contamination. It says the mother bought the cookie only after a worker assured her it was safe.
(Excerpt) Read more at orlandosentinel.com ...
The employee made a big mistake. However, the mother with a child that sensitive to nuts should have known better.
This is a tragic accident, pure and simple, UNLESS the employee knew the truth and lied.
Sad.
Very sad. Publix should not be found liable.
What mother of a child with a DEADLY nut allergy lets them eat anything in public?
Sad story, but something tells me that no amount or kind of warning label would preclude this lawsuit.
Publix gives away free cookie samples................
and that will probably stop now.............
What the story does not say:
The story does not say the mother told the clerk her son was allergic to nuts, she merely asked if the cookies were safe.
So sad, but no chances should ever be taken with deadly allergies. Getting what amounts to medical advice from a grocery employee? Mom, bless your heart, that was not a good idea.
“....it’s the patients responsibly to be careful...”
I’ll take it a step further. Assuming that the “worker” in question was a typical grocery store clerk, the parents put him into an awful position. He or she must be feeling terrible now, knowing that they played a role in this child’s death.
It was really very unfair for the parents to place such a responsibility onto this worker’s shoulders.
I shop at Publix regularly and literally every package of their baked goods, as well as signage hanging in their bakery, says their products may contain things like nuts milk, and eggs that people are allergic to.
Since the child had a rare life threatening condition it was mother’s responsibility to consult the allergen information the company had posted in their bakery.
Employees should not be expected to know how dangerous the rare condition is nor the issue of cross contamination from making different items with the same equipment.
Publix is a great place but I wouldn’t trust my kids life to one of the bakery workers understanding food allergies.
The kid probably shouldnt have been in Publix if they were that sensitive. Nuts are everywhere.
Think of how John Edwards made his millions...he spoke for dead children.Publix will very probably settle this out of court.If they don’t they’ll lose in court...simply because they’re big and a *child* is dead.
The boy was allergic to tree nuts? That’s a new one to me.
My wife is always getting on me for not asking for help from salespeople. I tell her I don’t ask then because they don’t know squat. They usually answer in a way that means nothing. In this case, if the mom asked the minimum wage (part-time probably because of Obamacare) employee if they were safe, and he probably said “I’m pretty sure they are”
“What mother of a child with a DEADLY nut allergy lets them eat anything in public?”
A stupid one.
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