Woman suing Jimmy John’s over voice damage loses appeal

A logo of the sandwich restaurant chain, specializing in delivery Jimmy John's hangs outside one of their shops in downtown Washington, DC, June 9, 2016. (Photo by MLADEN ANTONOV/AFP/Getty Images)

COMSTOCK PARK, Mich. (AP) — A woman who says a Jimmy John’s sandwich damaged her ability to speak has failed to persuade the Michigan appeals court to reinstate her lawsuit.

Lindsey Bresnahan didn’t want Dijon mustard on her sandwich, but the mustard was mistakenly used. Bresnahan believes she’s allergic to horseradish in the mustard. The impact was severe: She had to undergo speech therapy to regain full use of her voice.

But the appeals court agreed with a Kent County judge who said the Jimmy John’s franchise in Comstock Park isn’t liable, even if staff made a mistake. The court says employees weren’t told Bresnahan was allergic and the reaction was “not foreseeable.”

The court says it’s unreasonable to require restaurants to treat menu modifications as a “possible severe food allergy.”

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