A 22-year-old diner has filed a lawsuit against The Cheesecake Factory after suffering severe anaphylaxis from a meal she alleges she was assured could be prepared without peanuts, according to court documents obtained by The Independent. Caylin Tucker was dining with her parents at a Houston-area restaurant last June when she took a bite of a dish that arrived from the kitchen “smothered in peanut sauce,” triggering a rapid, life-threatening allergic reaction.
According to the civil complaint filed September 11 in Harris County District Court, Tucker took precautions before ordering by informing her server about her severe peanut allergy. She specifically “let her waiter… know that she has a severe peanut allergy and would like to be sure her meal does not contain peanuts,” according to the filing. The employee allegedly assured her that “her meal could be made without peanuts.”
Despite those assurances, Tucker’s reaction reportedly began almost immediately after her first bite. She “immediately noticed” the peanuts in the dish before her tongue and lips began to swell and her throat started to close, according to the complaint. As Tucker struggled to breathe and broke out in hives, restaurant employees allegedly began apologizing after realizing the gravity of the situation. Tucker subsequently required emergency medical treatment.
The lawsuit states that Tucker “required emergency medical treatment and incurred substantial medical expenses” while experiencing “physical pain, mental anguish, emotional distress, physical impairment, inconvenience and other damages.” The filing does not identify the specific dish Tucker ordered, state whether she was transported to a hospital, or indicate whether she had administered epinephrine during the reaction.
The complaint accuses both the restaurant chain and the unnamed server of failing to “exercise ordinary care in the preparation, inspection, handling and service of food.” Among other allegations, it claims staff failed to properly communicate Tucker’s peanut allergy to kitchen employees, warn her about the presence of peanuts, follow appropriate allergen procedures, and inspect the meal before serving it. The lawsuit also alleges The Cheesecake Factory failed to properly train its employees on recording customer allergies and ensuring meals are appropriate before they reach the table.
The lawsuit comes against a backdrop of several previous food-safety incidents involving the restaurant chain. In 2013, a diner who developed scombroid poisoning after eating spoiled mahi mahi at a Wisconsin Cheesecake Factory was awarded $14,000. The following year, a Salmonella outbreak was linked to contaminated whipped cream served at a Boise, Idaho location. Separate incidents in Jersey City, New Jersey, and Santa Monica, California, reportedly involved restaurant patrons discovering rubber or latex gloves in their food.
Tucker is seeking monetary damages including past and future medical expenses, physical impairment, pain and suffering, mental anguish and disfigurement, along with interest and court costs. The complaint maintains that Tucker bears no responsibility for the incident and alleges that The Cheesecake Factory is responsible for the acts and omissions of its employees, including its kitchen staff and server. The Cheesecake Factory did not respond to The Independent’s request for comment regarding the lawsuit.
There are several important takeaways from this near-tragedy:
- Whenever possible, avoid restaurants where your allergens of concern are commonly used in dishes prepared in the kitchen. The more prevalent the allergen, the greater the opportunity for mistakes and cross-contact.
- If you choose to dine at a restaurant where your allergens are used, clearly explain your allergies and ask to speak with a manager and, when possible, the chef or kitchen staff. If you are not completely confident the restaurant can safely accommodate you, leave and dine elsewhere.
- When your meal arrives, confirm with your server that it was prepared according to your allergy requirements. Don’t hesitate to ask them to double-check with the kitchen if you have any doubts.
- Inspect your meal carefully before taking the first bite. If anything looks unusual or doesn’t match what you expected, don’t eat it. Ask the staff to verify the ingredients and preparation with the kitchen.
- Most importantly, remember that no matter how many precautions you take, a restaurant meal can never be guaranteed 100% safe from an allergen mistake or cross-contact. Always, always carry two doses of epinephrine everywhere, every time, and administer the first when you first suspect anaphylaxis. Never wait to see whether symptoms get worse.
