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Widener Univ. School of Law

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Wednesday, July 9, 2008

Updated: Ordered Chicken, Got Shellfish, Died

So reports Consumerist (itself linking to an AJC story). The customer, a Georgia rapper, ordered the Chicken Fresco but got the Chicken Oscar (relevant part of the Ruby Tuesday menu is here, but without pictures, so I don't know how similar the items look). The case echoes the one where a cheese-allergic customer sued McDonald's after receiving cheese when he emphatically ordered otherwise, and became ill.

Update: Ruby Tuesday claims that the customer in fact ordered Chicken Oscar. Seems a bit unlikely, given the lifelong and known allergy, but there you go.

--BC

http://lawprofessors.typepad.com/tortsprof/2008/07/ordered-chicken.html

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Comments

If only he had been more generous and less...shellfish!

Posted by: Anne | Jul 9, 2008 6:10:04 AM

I am a manager for Ruby Tuesday and although I sympathize with the situation, and I agree that BY NAME these two entrees can easily be confused, The appearance of these dishes extremely differ. I can see someone ordering the wrong item, or even the server writing down the wrong order, However, once served, it would be virtually impossible to not know there was crab on top of your chicken.The smell alone would give it away, however, the crab used on this dish are in large lumps. So even by appearance, in my opinion, it would be hard to deny the crab.

Posted by: lily | Jul 10, 2008 6:00:08 PM

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