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UK Man Sues Restaurant, Claims Gluten Caused 'Permanent Injuries'

A UK man is suing his local pub over a gyros salad he says caused 'permanent injuries.'


Image: CC--kuchenkainternetowa

Celiac.com 07/11/2017 - A UK man has filed a lawsuit against a local bar and grill after becoming sick on a gyro salad that servers led him to believe was gluten-free.

The Webster Groves resident, Phillip "Gus" Wagner alleges that servers at Michael's Bar & Grill in Manchester, provided inaccurate information about the dish, and that he suffered an adverse reaction to the gluten in the dish that left him with "severe and permanent injuries."

His lawyer, Christine Anderson of Faerber and Anderson, specifies that Mr. Wagner was injured in one or more of the following respects to wit: injuries to the cardiovascular system, gastrointestinal tract, internal organs, respiratory system and body as a whole; that he sustained an aggravation of a pre-existing condition; that said injuries are permanent and permanently disabling; that he has experienced pain and suffering in the past and is reasonably certain to experience pain and suffering in the future; that he has expended money for necessary medical care, treatment and services in the past and is reasonably certain to expend money for necessary medical care, treatment and services in the future resulting from said occurrence; that he has lost the ordinary gains of his employment and will lose further such sums in the future; that he has sustained loss of a normal life.

For their part, the restaurant says that the lawsuit is their first indication of any kind of a problem. Michale's general manager, Katina Malliotakis, says they had no indication that any customer had any kind of problem, until someone called and demanded to know their insurance company, and adding that that someone had told Wagner the gyro salad was gluten-free.

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Malliotakis says that Michale's special gluten-free menu does not include the gyro salad, and that her servers are all aware of that fact. "Nobody remembers a customer asking about the gyro salad,” she says.

If someone did ask for a gluten-free salad, any server would have pointed them toward another salad on the menu that is gluten-free."We have plenty of gluten-free options if people ask for that," she says.

What do you think? Mistaken restaurant? Mistaken patron? Much ado about nothing?

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4 Responses:

 
Jeff
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said this on
17 Jul 2017 7:12:13 AM PDT
Obviously, there was one server who gave incorrect information, even though it must be an anomaly as they have a gluten-free menu and it sounds like the servers are generally well-informed. But without some kind of proof, this guy will not win any compensation in court.

 
PCB
Rating: ratingfullratingfullratingfullratingemptyratingempty Unrated
said this on
18 Jul 2017 12:15:46 AM PDT
I hope this is a genuine complaint. Brits after holidays abroad have been encouraged to sue for alleged food poisoning. Restaurants in the UK generally are making great efforts to have GF options and might feel it is not worth the trouble if they are sued frivolously.

 
dappy
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said this on
18 Jul 2017 6:13:15 AM PDT
If this restaurant indeed has a gluten free menu, then this is on the patron - who is most likely looking for gain from the restaurant. it sounds very suspect to me.

 
Sueps
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said this on
18 Jul 2017 11:21:22 PM PDT
Well it seems my comment disappeared into the ether so I will have another go! I think he's just after a big insurance payout. "Severe and permanent injuries"? Ridiculous. If it wasn't on the GF menu he shouldn't have ordered it (and quite possibly didn't).




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