Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!

We are being sued

Anonymous
Posted by Anonymous
  • 186 Replies

The title says it. 

We had a dinner party with multiple appetizers, one of them were scallops wrapped in asparagus. Everyone knew what they were because they were labeled with a card. One of our guests is allergic to shellfish, we knew this and they knew there would be shellfish at the party. He only has a reaction if he ingests the food and we were careful to avoid cross contamination. I guess they didn't realize scallops were a shellfish, I saw no reason to tell him such because the scallops were IN the shell for presentation purposes and I honestly thought he was smart enough or educated enough about his allergy to know so I didn't think I needed to tell him. I guess he wasn't. He did not carry an epi pen on him so we had to call 911 and take him to the hospital, he doesn't have insurance so he is suing us for the costs of his medical care. 

Our lawyer said it's unlikely he will win but the friendship is over. We can afford to pay his medical bills and will if it comes to it but I find it horribly tacky that he would sue.

Posted by Anonymous on Mar. 4, 2013 at 5:53 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies:
heresjohnny
by Silver Member on Mar. 4, 2013 at 6:09 PM

Why should she offer to pay for his stupidity? If it were an accident, like he didn't know there were clams in the spinach dip, that would be one thing. He's allergic to shellfish and he ate a known shellfish menu item. It's his own damn fault, not hers.


Quoting imamomzilla:

 Tacky that he'd sue you....but you should have offered before it came to that.



QueenBof6
by Platinum Member on Mar. 4, 2013 at 6:10 PM
Fucking stupid.

He's responsible for himself
Posted on CafeMom Mobile
flowerfunleah
by Silver Member on Mar. 4, 2013 at 6:10 PM

Sounds like someone was just looking for a good lawsuit, what a jerk!


Anonymous
by Anonymous - Original Poster on Mar. 4, 2013 at 6:10 PM

We already have a lawyer, we found out on Friday morning he was suing. I've talked to a few in the area and all of them think it's crazy. 


Quoting JanineDeer:

Oh wow.   You just might need a lawyer.  But if everything was labeled... I do not see how it was YOUR fault! He actually ATE the scallops???? Indeed.... if I DARE say so-  perhaps a darwin award will soon be his?  Gosh that is pretty stupid to NOT know what you can and can't eat.



cLanief
by Ruby Member on Mar. 4, 2013 at 6:11 PM
What a little fucking weasle!!!! He couldn't just say "hey, I'm a fucking dumbass, could you help me cover the cost?" What a .. grr I can't say that word. Lol
Posted on the NEW CafeMom Mobile
Anonymous
by Anonymous on Mar. 4, 2013 at 6:11 PM

Troll for the win!!!!!!!

At least I hope so anyway. People cannot possible be that dumb...can they?! 

Schleetle
by on Mar. 4, 2013 at 6:12 PM
That's ridiculous. If his allergy was that severe he should have known to take proper precautions. I don't have allergies, but I do have dietary restrictions even I know to ask before eating something if I want to make sure certain things aren't on my plate.
Posted on the NEW CafeMom Mobile
Anonymous
by Anonymous - Original Poster on Mar. 4, 2013 at 6:13 PM

We were going to offer to help with expenses. This happened on Wednesday night, we sent a card and flowers to the hospital on Thursday morning and we were served Friday morning. We never had time to offer help. We planned on paying for his copays but it turns out he has no insurance at all. At the same time I think he's a flipping moron because he didn't even know what he was allergic to! 


Quoting imamomzilla:

 Tacky that he'd sue you....but you should have offered before it came to that.



zebbyzebby06
by Silver Member on Mar. 4, 2013 at 6:14 PM
He should go after his job then. Im.pretty sure they cant fire for someone missing a day for.medical reasons.

Quoting Anonymous:

He's asking for us to pay legal fees and missed time from work. He lost his job because he missed the following day of work and they fired him for it.



Quoting illinoismommy83:

Sigh. It is not like you hid the shellfish if you had them IN shell and labeled. He can sue all he wants, but the smarter move would be for him to apply to his hospital's payment arrangement plan instead of getting lawyer fees.




Posted on the NEW CafeMom Mobile
mommaharley
by on Mar. 4, 2013 at 6:14 PM
3 moms liked this

You mean, like having labels in front of the dishes?  Or is that not enough "pointing out" for you?  He has no grounds to sue.


Quoting jas_momof2:

as a host I would expect that you, oh I don't know... POINT OUT what is going to give your guests a reaction?

I would sue too...



Add your quick reply below:
You must be a member to reply to this post.
Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!


Featured