# Man dies after Ruby Tuesdays brings him wrong dish



## Godiva (Jul 10, 2008)

http://consumerist.com/tag/ruby-tue...ruby-tuesday-says-man-ordered-fatal-crab-dish

In a nutshell, a man, with shellfish allergies, ordered an entree at RT, and either he said it wrong or the waitress heard it wrong.  The dish he received had crab in it, which caused him to go into anaphylactic shock and later die.  His family is now suing RT.

I think another possibility is that he ordered the dish with shellfish since it's unknown how severe his allergies were.  A friend of mine was allergic to ketchup, but he ate it anyway - would make him sweat and break out in hives, but he loved the stuff.  

IMO, I don't believe there is any liability on RT.  Had the customer told the restaurant that he had allergies to shellfish, then I could be persuaded that RT would have some responsibility.  But that doesn't appear to be the case.

Also, why didn't the customer have an epi-pen?  This leads me to believe that his allergy may not have been as severe as say someone who would die just from being in contact with shellfish or any other food allergy.  But I personally don't know anyone with food allergies, so I don't know who would need to carry epi-pens and who wouldn't.

I'm sure the family is hurting and probably just looking for someone to blame other than him, but I just don't see it.  I'm not saying it's his fault, either, just a tragedy that really isn't anyone's fault.


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## Soapmaker Man (Jul 10, 2008)

I agree Godiva, it is tragic, a shame, but think RT is not at fault.  We live in a all to happy to "sue you" time without just cause of harm.  

Paul


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## IanT (Jul 10, 2008)

yeahhh that kind of sucks...i wonder what will come of it. did they do the autopsy yet to determine COD?


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## Wax Munky (Jul 10, 2008)

I've read that article several times.It really is sad that he died so young.I can understand the family's grief and wanting some serious answers how that kind of mistake was made.I've actually been to a restaurant placed my order not asked by the waitress how I wanted it to be cooked,and brought something that was still alive.I sent it back,that just brought the manager to my table to inform me that if "I had looked at the lower right hand corner,I would have seen the note stating that all meats will be cooked rare".I didn't see that,blocked by my hand holding the menu,silly me.
 It could be that he didn't know that his order had crab meat it it.
It could also be that the waitress gave him someone else's order by mistake?.That's been known to happen.
I believe that all restaurant's are required by law to have sample plates made daily and stored correctly, for a period of time,of everything that they have on their menu's.It only takes one person not doing their job correctly to cause all kinds of trouble.
 The article also said he repeated his order more then once..Why? was it noisy in there? 
Ruby's needs to change that menu item to "Chicken Crab" might save a life.
The speculations of what happened there,or even before he got there will I hope be examined,medications if any taken that could have caused a reaction to certain foods could be looked at as well. It's not over yet.

Munky.


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## Godiva (Jul 10, 2008)

IanT said:
			
		

> yeahhh that kind of sucks...i wonder what will come of it. did they do the autopsy yet to determine COD?



Don't know - my husband is a consultant and works for restaurants - so he's the one that heard about this and asked me to look it up - all that I know is what was in the article.

I wonder if this would make it to court tv - I'd like to know more facts about it and how it does resolve.


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## IanT (Jul 10, 2008)

yeah it might!


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## Wax Munky (Jul 10, 2008)

http://www.foxnews.com/story/0,2933,378064,00.html


Munky.


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## Godiva (Jul 10, 2008)

Wax Munky said:
			
		

> I've read that article several times.It really is sad that he died so young.I can understand the family's grief and wanting some serious answers how that kind of mistake was made.I've actually been to a restaurant placed my order not asked by the waitress how I wanted it to be cooked,and brought something that was still alive.I sent it back,that just brought the manager to my table to inform me that if "I had looked at the lower right hand corner,I would have seen the note stating that all meats will be cooked rare".I didn't see that,blocked by my hand holding the menu,silly me.
> It could be that he didn't know that his order had crab meat it it.
> It could also be that the waitress gave him someone else's order by mistake?.That's been known to happen.
> I believe that all restaurant's are required by law to have sample plates made daily and stored correctly, for a period of time,of everything that they have on their menu's.It only takes one person not doing their job correctly to cause all kinds of trouble.
> ...



I read on another website that a different person with some type of food allergy had informed the waitress, which she in turn informed the manager.  The manager personally handled his order, which I believe is the way it should be handled.  

If this man would have told the waitress of his allergy, and if she was a waitress worth her salt, she would have told him that the Chicken Oscar has crab meat, and this unfortunate incident would not have happened.  However, if she didn't know what the ingredients were and assured him there was no shellfish in the dish, then she and RT would be on the hook.

I think a person with food allergies has a responsibility to themselves to ask what's in a dish if they do not cook it themselves (or family members, etc).  I also feel for everyone who has food allergies.  

My son's girlfriend is allergic to honey.  She's a picky eater anyway, and doesn't eat much when she is here.  But since she's here quite often, I avoid buying honey baked lunch meat.  That's about all we have that has honey in it.


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## Tabitha (Jul 10, 2008)

:shock:  :shock:  :shock: 





> and brought something that was still alive.


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## IanT (Jul 10, 2008)

personally, having grew up and still being in the restaurant biz... I feel sad both on the part of the customer as well as the staff thats a lot on your shoulders!...

Restaurants dont make sample plates (at least the ones ive worked in) but they do need to constantly keep food at certain temps etc...keep logs of this as well as any mishaps or drama etc...if its a corp like anything run by Darden (red lobster, olive garden, smokey bones, bahama breeze and more) they have a health inspector (state) as well as a QA inspector (corp)-who is muccccch stricter than any state inspector ive ever heard of... they are forced to uphold standards and if they are not met , this will effect whether managers get bonuses or raises...and whether staff gets raises too... so this makes everyone want to do reaaaaally well and make sure everythings up to par so the money can be made...


I really want to know more details about this.

I think there are a few possibilities on how it went down.

1) server was not knowledgable about product and assured a shellfish free dish.

2) customer told server of allergy, and server either disregarded or forgot

3) customer told server of allergy and she inputted it to the kitchen correctly and they forgot to special order the dish OR the kitchen DID special order the dish and the server grabbed someone elses (ie another server's) same dish. Which means the expediter wasnt doing their job or she was stealing someones food before her order was ready.

so im guessing someone ELSE got the no-shellfish chicken or the guy never even told her he had an allergy...in any case...it sucks.


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## Wax Munky (Jul 10, 2008)

Godiva said:
			
		

> Wax Munky said:
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> ...




You are absolutely right,people with food allergies should tell the waitress.
Like you have said if she's worth her salt she will make sure your meal is safe.


Munky.


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## Wax Munky (Jul 10, 2008)

Tabitha said:
			
		

> :shock:  :shock:  :shock:
> 
> 
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> ...



I think that burger could have walked off my plate.We haven't been back.Better safe then sorry.

Munky.


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## PixieWick (Jul 11, 2008)

As a parent of a child with a fatal peanut and shellfish allergy .. its is in fact MY business to inform any and ALL resturant staff of said allergies ..

We went to Ihop one day and i asked if my daughters bacon could be cooked on a seperate skillet then that of the one it is used because shes allergic to eggs also an cross contamination will hurt her 

Ihop said no we do not use seperate cooking .. i and the whole party of 20 that we were with .. up and walked out .. 

It is the responsiblity of the person who has the allergy and the parent of the person minor to look out for the welbeing of an alergenic person.

If a resturant doesnt pay attention to this then it is in fact there fault. and simply removing the said food from the plate doesnt count for a new dish .. cross contamination of shellfish/nuts will infact send my 12 yr old into instant heart failure. and yes we carry an epi pen with us at all times .. never are we without it cause you never know what is gonna happen when you order food.

 I can't say anything on this article that was posted .. because i wasnt there to whitness it an can't give acurate facts on the events that happened.

I feel for the family .. and hope they can resolve it peacefully.


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