drinking good in the neighborhood
[misc]
posted by catherine / January 09, 2006 / 
i generally think it's pretty hysterical when children are mistakenly served alcohol, but this particular article takes the cake:
An Applebee's restaurant in New York City gave a 5-year-old boy a beverage he won't be able to drink legally for another 16 years. The boy's mother is taking Applebee's to court.Cynthia Pereles can't understand how someone put Long Island iced tea into her son Seth's kiddie cup instead of the apple juice he ordered.
Seth took two sips and immediately spit it out, but then he couldn't stop laughing and started licking bread baskets.
funny, when tommy gets drunk, that's exactly what he does too!
Comments
She's suing? That's idiotic.
Come on guys, two posts on Applebees already in January, not to mention one about Burger King? You guys are frightening me.
Of course, you could always try melding January Zunta themes. To Wit: Tommy tries to make a bloomin' onion for DCist Eating In, commenters are outraged when he attributes the dish to Ruby Tuesdays. Outback sues; Catherine covers the story.
Go!
If you can prove intent, that could be assault; otherwise, it's just some flavor of negligence. There are fairly minimal actual damages unless she is a hypochondriac or her son had to go to the hospital. Sadly, the real $$$ is punitive damages, which is quite clearly why she (and her lawyer) are suing.
the boy did go to the hospital - not sure if he NEEDED to - but paramedics took him to be rehydrated. he was fine, otherwise.
kanishka - i know! i was like, we're going to come off as applebee's-obsessed. however, if they will give me long island iced teas instead of my apple juice, i will happily continue.
This is a frivolous lawsuit! It is things like this that make the world mock us. First off, my dad gave me sips of beer when I was a little kid and nothing happened. Second, suing for $75,000 is pointless since legal fees will effectively reduce this to nothing. This lady needs to remove the stick from her ass. Seriously, a 5 year old who can't stop laughing and licking bread baskets seems rather normal to me (for that age of course). Now if the kid was slurring his speech and calling his mom a dirty "hoor", then I'd say the kid was definitely drunk.
If anything, all she deserves is a free cup of apple juice and an apology.
They did the same thing to my niece last week, gave her a mixed drink instead of lemonade and she is 11 years old and had to be rushed to the hospital, does that sound like purely accidental negligence? Applebee's offered gift certificates and to pay the hospital bill !
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