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Old 07-10-2008, 10:28 PM   #51
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I was born and raised in Pennsylvania. I moved to Georgia when I was 20 years old so have been here about 30 years. When I first moved here, I noticed that some southerners had very thick accents. So thick in fact that sometimes I would have people repeat themselves a few times before I could understand what they were saying. There are still times when I can't understand people down here who have thick accents and then slur their words. So I can understand how the mix up could have happened. The restaurant in question is only about 20 miles from where I live. It was probably a misunderstanding on the part of the server but she should have repeated the order back. That should be a policy.
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Old 07-11-2008, 08:31 AM   #52
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That is where you are potentially wrong though. How do you know that ice cream shops do not sell crab ice cream? Of course you can read the menu, but if you don't happen to read every entry then you could miss one.
You're stretching things just to stretch. Unless it's a specialty, make your own, not a chain, maybe, but no major chain ice cream shop has crab ice cream. As to your list, please, those were Iron Chef creations, not on the normal menu and most were hated by the judges.
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Old 07-11-2008, 09:04 AM   #53
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You're stretching things just to stretch. Unless it's a specialty, make your own, not a chain, maybe, but no major chain ice cream shop has crab ice cream. As to your list, please, those were Iron Chef creations, not on the normal menu and most were hated by the judges.
I admit I used an absurd example to make a point. I never have seen crab ice cream. This has nothing to do with chains though. People with allergies do not only eat ice cream at Baskin Robbins. They do go to mom and pop shops. Absurd ice cream flavors DO exist. I have been in shops that have had them. As a matter of fact i was just watching a show (Modern Marvels) last night which happened to be on ice cream. They listed a number of flavors such as the ones I listed above and others as well including eel ice cream. Again, I am not talking about make your own. These flavors are served in shops open to the public. You may not have seen them, but that does not mean they do not exist.
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Old 07-11-2008, 09:22 AM   #54
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I expect that the restaurant is in a weaked position here - the three statements they claim to back up the order are really one. The written ticket is the one, the other two are simply reproductions and not first hand verifications that the man actually did not order this. However, I believe the man is unfortunately not off the hook.

Number one, he has a deadly shell fish allergy and he orders in a restaurant with plenty of seafood on the menu. Has there never ever been a case of cross contamination? If there has why in the world would one put their lives at risk by eating where such could occur. Nope, he was rather careless with his life unfortunately.

Maybe a modest finding for his family but not much. A restaurant simply can not protect everyone who has deadly food allergies. These people have an obligation to protect themselves by avoiding potential deadly situations. My opinion and a rediculous amount of money will buy you a Starbucks.
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Old 07-11-2008, 09:44 AM   #55
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I think a lot of people are missing the point. Callisto is not.

I read a first hand account by a witness who was one section over when this even occurred. According to her, the man was panting and then he got up and asked if anyone there had any benadryl. She said folks were going through there pockets and purses looking for it and some even went out to their cars.

The point is; he knew he had a life threatening allergy, he knew he was eating out where his allergen was served, he knew that medications existed that could help, and yet he failed to take the precautions that a normal person would take in his situation.

He should have carried and EpiPen, he should have told the waitress that he has a life threatening allergy so alert the cooks to be careful about cross-contamination, and he should have paid attention to what he was served. Sliced tomatoes (according to the manager, this is how Chicken Fresco is served) don't look or taste anything like lump crab.

Where do you draw the line? You don't need a line if you carry an EpiPen. Since you need a prescription, the restaurant can't keep them on hand and probably would have liability issues if they could.

Someone with his history going out to eat without adrenalin on their person is unwittingly participating in a lottery.

IMHO
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Old 07-11-2008, 01:16 PM   #56
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The person with the allergy is responsible to make sure that what goes into his/her mouth does not contain anything that they are allergic to, but you can not expect a person to mention it every single time they order food. It is ultimately their responsibility (I am not talking legally), but common sense needs to be used as well.

Considering the consequences 'common sense' dictates that the allergy is brought to the forefront <b>each and every time</b> food is ordered. Your example of ordering ice cream illustrates this point extremely well.

Seems to me if eating the wrong thing can get me killed seems to me it would obnly be prudent to take every step to make sure I don't eat the wrong thing each and every time I order food <b>anywhere</b>
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Old 07-11-2008, 01:34 PM   #57
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The point is; he knew he had a life threatening allergy, he knew he was eating out where his allergen was served, he knew that medications existed that could help, and yet he failed to take the precautions that a normal person would take in his situation.

I don't like blaming the victim but in this instance, no matter how the allergen got into the guys belly, going to an establishment that serves what could get him killed and not carrying the 'cure' shows a lack of self responsibility.
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Old 07-11-2008, 02:11 PM   #58
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Considering the consequences 'common sense' dictates that the allergy is brought to the forefront <b>each and every time</b> food is ordered. Your example of ordering ice cream illustrates this point extremely well.

Seems to me if eating the wrong thing can get me killed seems to me it would obnly be prudent to take every step to make sure I don't eat the wrong thing each and every time I order food <b>anywhere</b>
I do not disagree with any of this. I am only saying that people will be people. If you have to do something every day or risk something bad happen them most people will do their best to do it. Most people will also probably slip up from time to time and either take a chance or forget or whatever. It is just human nature, even with something as serious as this. That does not mean it is no longer that persons responsibility, but slip ups do and will happen.
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Old 07-11-2008, 03:04 PM   #59
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Am I the only one curious about these two dishes enough to actually want to go to Ruby Tuesday's sometime soon?
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Old 07-11-2008, 03:33 PM   #60
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Am I the only one curious about these two dishes enough to actually want to go to Ruby Tuesday's sometime soon?
I have been there and will not be back
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