Deserved

So from what I gather this guy (Iannazzo) fucked up royally when he first ordered the beverage for his peanut-allergic son. The drink itself, from what I can tell from reports, actually contained peanut butter as an ingredient and Dad-of-the-year only said "no peanut butter". For someone with a peanut-allergic kid that was a complete fuck-up of parental responsibilities.

I bet he wanted someone to blame after putting his own kid in the hospital.
 
I was thinking the whole thing smells of a sting.

He orders a drink with peanuts, feeds it to the kid, waits for the reaction, calls the paramedics, then shows up at the store to make the scene for the lawsuit to come.

He already has it on film that nobody there knows who made the drink or what drink was made.

He'll claim he ordered vanilla and nobody there can refute it.

It's a slam dunk lawsuit for him. He'll get the last laugh out of it all.
 
He'll be on the store cameras. There may have even been a camera dedicated to the register to watch employees. They'll tie his order to the camera time-frame. If they have audio he's even more screwed.
 
Unless they have audio of him clearly saying 'peanut butter' he wins.

What your tape says doesn't matter. They could have hit the wrong key.

People don't trust innuendo. They only trust what you can prove.

He can prove that nobody there remembered him, what he ordered or what they made him.

Unless they have audio of him clearly ordering peanuts, they have nothing.

Trust me; he'll get a six figure settlement out of it at least.
 
I highly doubt the court will make the merchant prove what the customer ordered if he sues.
I would imagine the court would want him to prove he specifically advised the business of his son's allergy otherwise businesses would have to be mind readers all the time.
 

But, at the start of the trial on Monday, the judge had an announcement to make. “Ms. Palin has tested positive for coronavirus. She is of course unvaccinated,” said U.S. District Court Judge Jed Rakoff, according to court reporter Frank G. Runyeon. Palin’s attorney then reportedly asked for a seven to 10 day delay in the trial so that she can be present for the jury selection.
 
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I highly doubt the court will make the merchant prove what the customer ordered if he sues.
They can't. That's the point.

The man can argue simply that he ordered a vanilla smoothie and they gave him the wrong one. When his son drank it he had an allergic reaction because apparently it had peanuts in it.

He has already won that argument because he has live audio and video of everybody in the store telling him they don't know who made the drink and what drink it was to begin with.

They'll settle. He's not going to get millions or anything, but the entire thing will give them a black eye if it ever goes to court. I mean, seriously: He can prove his son had a reaction to what they served him. They don't even have the first idea what it was that was served or who made it. That, in and of itself, is negligent.

Think about it. Even in a non-eventful transaction, surely out of 4 or 5 people at least ONE could remember the guy being there and what he ordered only an hour and a half before.
 
They can't. That's the point.

The man can argue simply that he ordered a vanilla smoothie and they gave him the wrong one. When his son drank it he had an allergic reaction because apparently it had peanuts in it.

He has already won that argument because he has live audio and video of everybody in the store telling him they don't know who made the drink and what drink it was to begin with.

They'll settle. He's not going to get millions or anything, but the entire thing will give them a black eye if it ever goes to court. I mean, seriously: He can prove his son had a reaction to what they served him. They don't even have the first idea what it was that was served or who made it. That, in and of itself, is negligent.

Think about it. Even in a non-eventful transaction, surely out of 4 or 5 people at least ONE could remember the guy being there and what he ordered only an hour and a half before.

Nope. He'll slink away like the slime he is.
 
Nope. He'll slink away like the slime he is.
One can hope, but you clearly aren't up on U.S. lawsuits.

His whole fit was staged. It happens here a lot. And remember, a woman was actually awarded a million dollars from McDonald's for spilling coffee on herself in her own car.

This is also the country that awarded millions in "damages" because a Quarter Pounder with Cheese didn't weigh a quarter of a pound after cooking.

Subway settled out of court for a guy that literally measured the sandwiches and not all of them were exactly a foot long.

And remember: Devin Nunes has been suing an imaginary cow multiple times for the last 3 years or more.

You better believe that giving someone the wrong drink and putting them in the hospital is going to pay out.
 
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On the news just now:

Police confirmed he did call 911 and had to rush his son to the hospital 30 minutes after buying the drink. He initially used an epi-pen on his son but it didn't work. The guy did tell them to make sure the drink had no peanut products in it. He has a court date for his charges on February 3rd.