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Diner Sues Restaurant for Putting Mustard on Her Sandwich

She’s claiming injury and emotional distress

Jimmy John's
Hold the mustard, Jimmy John’s
J. Hendron/Flickr

The latest restaurant chain lawsuit doesn’t involve wage theft or discrimination, but rather Dijon mustard. A Michigan woman is suing sandwich chain Jimmy John’s after she claims an incorrectly made sandwich from one location left her unable to “speak above a whisper,” WZZM reports.

Lindsey Bresnahan says she placed a phone order with a Jimmy John’s in the Grand Rapids suburb of Comstock Park in June, requesting a lettuce-wrapped roast beef and ham sandwich be made without mustard or mayonnaise. Bresnahan says that after the sandwich was delivered to her office, she took a bite and immediately began suffering an allergic reaction from the Dijon mustard.

According to the lawsuit, Bresnahan took Benadryl for the allergic reaction, and was advised by her doctor to continue doing so, but the next day she “continued to cough violently and also vomited frequently.” She says the sandwich incident has left her with an “inability to conduct normal activities of daily living,’’ including working at her job at a financial loan office where she spent a considerable amount of time making phone calls.

The suit says Jimmy John’s is culpable for failing to properly take her order, as well as failing to properly train its employees on how to handle food allergies. Jimmy John’s did not immediately respond to a request for comment.

The sandwich chain has had its fair share of negative press recently, and it’s got nothing to do with Dijon: The chain has been sharply criticized for requiring its hourly employees to sign ridiculous non-compete agreements that prevent them from working at any business in the future that serves sandwiches and is located within three miles of a Jimmy John’s. The company agreed to discontinue such practices after being slapped with a lawsuit from the New York attorney general, and on Tuesday the Obama administration called for a ban on such policies for low-wage workers.

Faulty Order That Included Dijon Mustard Spurs Lawsuit Against Jimmy John’s [WZZM]
Panera Sued for Serving Peanut Butter to Customer With Food Allergy [E]
More Lawsuits Coverage [E]

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