A man who has casein and dairy allergies is suing Jimmy John's for giving him a tuna and cheese sandwich when he ordered a turkey sandwich with no cheese or mayonnaise.
Mackenzie Seiler consumed the tuna and cheese sandwich, the complaint states, and became ill.
According to the complaint, Jimmy John's was negligent when it "permitted the ingredients of the food to include items not ordered by the plaintiff."
Read the complaint after the jump.
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12 Comments
Mike d said:
If you cant tell the difference between turkey and tuna you have problems. The smell of tuna alone should give you a hint that something about this sandwich doesn't smell right. I think he ate it knowing he would get sick and could sue Jimmy Johns.
AprilF said:
Agreed. This just smells of entrapment.
SarahSpain said:
People who pull crap like this should accidentally fall into a manhole and/or large crevasse.
Fernando Diaz said:
Entrapment smells like tuna?
jack said:
Oh bleep. I was at another sub shop yesterday, and when they called out Roast Beef, took it. However, it was one with horseradish, not pepper jack. Did I take someone else's sandwich and do they have the right to sue?
Also, can they sue Jimmy John's for not bringing a bucket brigade and putting out a fire?
And is the real value of this suit (a $5 sub) worth the filing fee?
Richard S. said:
I have to agree. There is a big difference between turkey and tuna. Something smells fishy with this lawsuit and it isnt the tuna.
If people have allergies to certain foods it should be their responsibility to check what they are eating to make sure those ingredients are not in the sandwich. Cheese and mayo can be easily spotted on a sandwich.
Dienne said:
Anyone notice that this incident happened almost two years ago, yet he's just now filing suit? Probably took him that long to find a lawyer willing to take the case.
jack said:
Well, the statute of limitations is 2 years, so that really isn't indicative of much.
On the other hand, others have a point if he kept eating the sandwich after the first bite or smell.
Dienne said:
What does the statute of limitations have to do with it? The point is, if he were truly injured and traumatized like he claims, he would have files suit as soon as he was out of the hospital. Looks to mean like he just figured out he could profit off it and hurried to get the paperwork in before the statute of limitations.
JonnyV said:
After reading this and perusing some of the other headlines currently along the right side of the page, such as "Woman sues Home Depot after fall from three step ladder," I have to ask one question: Are we sure this isn't The Onion?
In all seriousness, the fact that food allergies are nothing to be laughed at is one that is best known by people who have them, which is all the more reason why this is clearly a frivolous lawsuit: NO ONE with that serious a food allergy would take a chance by NOT checking something that was clearly not turkey to begin with. Jimmy John's should not have to pay her her stupidity...nor should Home Depot pay the woman who fell.
Our legal system should not be treated as a get rich quick scheme. If it was food poisoning, then Jimmy John's would need to be held liable for sure, but for a wrong order? Come on people.
Jennifer Fernicola said:
Thanks for commenting, JonnyV. Haha! I LOVE The Onion!!
But, I can tell you, all of the cases here are real...they're real and they're spectacular...
anthony bozeman said:
Mr Seiler is wasting the court time and he should be sent a bill for court cost.
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