Sandwich Suit Says Jimmy John's was Too Fast With the Tuna
A Chicago man has sued Jimmy John’s, contending that restaurant, which advertises its speedy sandwich service, it was too fast with the tuna, mayonnaise and cheese.
The problem was, not only had plaintiff Mackenzie Seiler ordered a turkey sandwich from a Jimmy John’s in Champaign, Ill., he is severely allergic to mayonnaise and cheese. Hence, Seiler had told Jimmy John’s to hold the cheese and mayo on the turkey sandwich in his 2007 order, according to his complaint. Chicago Bar-Tender provides a link to the Cook County Circuit Court lawsuit (PDF).
But the restaurant apparently served Seiler someone else’s order, according to the complaint, since he allegedly got a tuna sandwich with cheese and mayo. The suit says that the sandwich was in “unreasonably dangerous condition” and “unfit for plaintiff’s consumption.”
When served the tuna sandwich, Seiler took a bite not realizing the mistake, his lawyer, Richard Egan, tells the Chicago Tribune. Although Seiler spit the tuna out, Egan says, he spent three days in the hospital.
A spokesman for Jimmy John’s says the restaurant doesn’t comment on pending litigation. According to Egan, Jimmy John’s contends that Seiler was the one who was too speedy: He should have inspected the sandwich before chomping into it, Jimmy John’s says.
