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Couple sues Applebee's over alcohol mix-up
sls 10 ^ | 04/13/11 | L.L. BRASIER

Posted on 04/13/2011 1:39:20 PM PDT by Mountain Bike Vomit Carnage

An Oak Park couple is suing the Applebee’s restaurant chain after their toddler was inadvertently served a margarita instead of apple juice.

Taylor Dill-Reese and Dominic Wilson filed a lawsuit in Oakland County Circuit Court seeking in excess of $25,000 in damages after their 15-month-old son, Dominic Wilson Jr., consumed alcohol on Friday at the Applebee’s Neighborhood Grill and Bar on 14 Mile in Madison Heights.

“We’re asking for some accountability,” said Southfield attorney William Stern, representing the parents and the boy. “This could have turned out very badly.”

The boy’s parents had ordered him a kid’s meal – a small hamburger, fries and apple juice in a sippy cup, then noticed him acting peculiarly. The father tasted the drink and realized it contained alcohol. A police investigation found the “apple juice” was actually margarita mix containing alcohol. Police say the bottles were mislabeled.

The child was taken to William Beaumont Hospital, where lab tests showed traces of alcohol in his system. The child has since recovered and is at home with his parents.

The incident made national headlines. Applebee's has apologized, and pledged to put into place safeguards to prevent future accidents. A spokesperson did not immediately return phone calls this afternoon.

The suit filed Tuesday seeks compensation for emotional distress and well as reimbursement for medical expenses. The case has been assigned to Oakland County Circuit Court Judge Nanci Grant.


TOPICS: Culture/Society
KEYWORDS: greed; mi
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This happened on Friday, the suit was filed on Tuesday. NOTHING happened to the child.
1 posted on 04/13/2011 1:39:25 PM PDT by Mountain Bike Vomit Carnage
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To: Mountain Bike Vomit Carnage

Like you can’t see the difference between apple juice and a margarita?

Were the parents brain dead?


2 posted on 04/13/2011 1:40:39 PM PDT by NoKoolAidforMe (1-20-09--The Beginning of an Error..............1-20-13--Change we can look forward to)
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To: Mountain Bike Vomit Carnage

5 bucks says it was a set up by the alleged parents.


3 posted on 04/13/2011 1:41:37 PM PDT by kbennkc (For those who have fought for it, freedom has a flavor the protected will never know.)
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To: NoKoolAidforMe

Yeah, they do not even look alike. Shoot, they probably could have gotten free dinner once a week for life, had they not gone the lawsuit route. Delivered even!


4 posted on 04/13/2011 1:42:20 PM PDT by NEMDF
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To: Mountain Bike Vomit Carnage

Reimburse for medical expenses, name the new procedure to avoid goofing up again after the kid, and give the family a choice of numerous gift certificates for either Applebee’s or a comparable “casual dining” alternative of their choice. Keep the lawyers out.


5 posted on 04/13/2011 1:42:36 PM PDT by Dr. Sivana (There is no salvation in politics.)
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To: Mountain Bike Vomit Carnage

Who puts booze in a child’s sippy cup? Didn’t the person who was poring it notice? Just askin’!???


6 posted on 04/13/2011 1:42:45 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: Mountain Bike Vomit Carnage

Show me da money.


7 posted on 04/13/2011 1:43:09 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: Mountain Bike Vomit Carnage

Was there REALLY $25,000 worth of harm done here???


8 posted on 04/13/2011 1:43:09 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Mountain Bike Vomit Carnage

Their first clue was when the kid started hitting on the waitress and trying to bum a cigarette.


9 posted on 04/13/2011 1:43:09 PM PDT by dblshot (Insanity - electing the same people over and over and expecting different results.)
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To: Mountain Bike Vomit Carnage

Here’s some advice - don’t feed your child garbage! I wouldn’t eat there, bacteria vacationland...


10 posted on 04/13/2011 1:43:24 PM PDT by NativeSon
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To: Mountain Bike Vomit Carnage

How awful!

You take your son and your Baby Daddy to Applebee’s, the finest restaurant in town, and your 15 month old son drinks your margarita!


11 posted on 04/13/2011 1:44:29 PM PDT by trumandogz
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To: Mountain Bike Vomit Carnage

“This could have turned out very badly.”


And if it had, you would have grounds for a lawsuit.

I’m sure Applebee’s would pay your medical bills if you drop your suit and limit their liability to that.


12 posted on 04/13/2011 1:44:32 PM PDT by Atlas Sneezed ("If you touch my junk, I'm gonna have you arrested.")
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To: Dr. Sivana

Parents are looking for the kid’s college fund.


13 posted on 04/13/2011 1:44:50 PM PDT by ilovesarah2012
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To: Mountain Bike Vomit Carnage

Lawsuit lotto, if I was on the jury the kid would get his hospital bill paid.


14 posted on 04/13/2011 1:45:27 PM PDT by org.whodat
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To: Mountain Bike Vomit Carnage

“Hey, honey! The kid looks totally conked out. Let’s go hop in the sack!”

Never let an opportunity like this go to waste!


15 posted on 04/13/2011 1:45:38 PM PDT by Uncle Miltie (0bamanomics: Trickle Up Poverty.)
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To: NativeSon

I love Applebee’s. Ate there a couple of nights ago.


16 posted on 04/13/2011 1:46:09 PM PDT by ilovesarah2012
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To: Mountain Bike Vomit Carnage

The corn syrup or sugar in the margarita mix would have done more harm than the alcohol.


17 posted on 04/13/2011 1:46:19 PM PDT by Atlas Sneezed ("If you touch my junk, I'm gonna have you arrested.")
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To: kbennkc

ditto


18 posted on 04/13/2011 1:46:28 PM PDT by Charlespg
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To: Mountain Bike Vomit Carnage
I had this happen to my four-year-old daughter on one occasion at a restaurant. A round of drinks was ordered, with a coke for her--she ended up with rum-and-coke, or something similar. I noticed her making a face when she took a drink, and immediately became suspicious.

I brought the drink back to the bar, offered some critique, got an unspiked Coke for my daughter, and then got on with life.

19 posted on 04/13/2011 1:47:23 PM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: ilovesarah2012
Parents are looking for the kid’s college fund.

By the time this kid gets to college, $25k won't even cover one month of college tuition.

20 posted on 04/13/2011 1:47:27 PM PDT by Tamar1973 (Germans in 1932 thought they were voting for change too.)
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To: Dr. Sivana

I agree. Pay the uninsured medical cost - even though an emergency room visit was pretty stupid - and even the current IRS mileage rate for the drive. And write them a note saying you’re sorry.

“Emotional distress”? Please. I’m sure they were gleefully counting the potential payoff the minute they realized their child had consumed alcohol.


21 posted on 04/13/2011 1:47:43 PM PDT by Tax-chick (If you believe, you will see the glory of God.)
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To: ColdOne

The bottle was marked apple juice. It contained margarita mix. Very simple mistake to make, but bartenders need to be more careful. All the bottles are opaque and you cannot see what you’re pouring.


22 posted on 04/13/2011 1:48:05 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: kbennkc
5 bucks says it was a set up by the alleged parents.

I dunno. When I was a little girl back in the early 50’, my mom and dad would have a cocktail when we went to dinner. Of course, I was ordered a Shirley Temple which I normally slugged down immediately. When my drink arrived, I drank it. Our dinner came and I went to eat my hamburger and the insides slipped out then I fell on the floor. My mother was mortified. I vaguely remember the incident but my mother did and it truly embarrassed my normally very prim/proper mother (he he) served her right.

23 posted on 04/13/2011 1:49:49 PM PDT by Bitsy ( i)
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To: Mountain Bike Vomit Carnage

Why would you take a child to a bar and grill? Take the child to McDonald’s where they can have some fun.

If you want to eat at a bar and grill, get a babysitter.


24 posted on 04/13/2011 1:51:44 PM PDT by Conan the Librarian (The Best in Life is to crush my enemies, see them driven before me, and the Dewey Decimal System)
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To: dblshot

LOL!


25 posted on 04/13/2011 1:52:14 PM PDT by SoKatt ("Change" is not a strategy!)
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To: Mountain Bike Vomit Carnage
Parents are stupid.
 

2-year-old mistakenly sips white Russian at Boston eatery - He’s no tea toddler
 
 


26 posted on 04/13/2011 1:52:35 PM PDT by Responsibility2nd (A Birther: One who has questions or concerns over the birth of Barry Barack Hussein Soetero Obama)
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To: Mountain Bike Vomit Carnage

The local news said his blood alcohol was .10.


27 posted on 04/13/2011 1:52:44 PM PDT by Kieri (The Conservatrarian)
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To: ilovesarah2012
all the power to you but I'd bet that your GI system is more resilient than toddler's...
28 posted on 04/13/2011 1:53:06 PM PDT by NativeSon
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To: Mountain Bike Vomit Carnage

Sueing. What a crock. I would have demanded free meals and put my kid to bed, I would have been PO’d for sure, But sue? Give me a friggin’ break!


29 posted on 04/13/2011 1:54:00 PM PDT by vpintheak (Democrats: Robbing humans of their dignity 1 law at a time)
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To: Responsibility2nd
Hey. If it worked at Applebee's, then why not Olive Garden?
 
Florida Toddler Served Alcohol At Olive Garden
6 hours ago
(Lakeland, FL) -- A Lakeland, Florida mother says an Olive Garden restaurant served her toddler son alcohol. Jill Van Heest says her two-and-a-half-year-old ...


30 posted on 04/13/2011 1:54:12 PM PDT by Responsibility2nd (A Birther: One who has questions or concerns over the birth of Barry Barack Hussein Soetero Obama)
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To: Mountain Bike Vomit Carnage

“This could have turned out very badly.”

IOW, nothing happened, there were no damages except the inevitable “negligent infliction of emotional distress”, and that means this attorney’s just an attention whore looking for a quick score.

Colonel, USAFR


31 posted on 04/13/2011 1:54:48 PM PDT by jagusafr ("We hold these truths to be self-evident...")
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To: NoKoolAidforMe

>>>Like you can’t see the difference between apple juice and a margarita?

Are the sippy cups clear at Applebee’s? Per the story, the kid got a sippy cup.


32 posted on 04/13/2011 1:54:58 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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To: Bitsy

“I’ll have what SHE’s Having!”


33 posted on 04/13/2011 1:54:58 PM PDT by NativeSon
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To: All

Sippy cup likely one from the restaurant, which means a typical kid cup with plastic top, neither of which are normally transparent. That being the case, I can buy that the parents did not realize the drink being consumed was not apple juice. Since the police found the bottles at Applebees were mislabeled, I do think there is fault on the part of Applebees in this matter. A .10 blood alcohol level is not insignificant for a 15 month old.

Applebees should probably count their blessings the suit is only for 25K.


34 posted on 04/13/2011 1:55:11 PM PDT by WillVoteForFood
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To: Mountain Bike Vomit Carnage
Not surprising at all considering how ridiculously prudish some Americans can be about alcohol. Nothing happens to the kid, but he's a 'victim'? Puuhleeze ... just an excuse for a frivolous lawsuit.

In a way, though, maybe we can't really blame the parents ... they're probably CYA-ing against some nanny-state loving p.c a$$wipe reporting them to CPS for 'allowing' their kid to consume alcohol - the results of which would be them having the kid taken away and being prosecuted for child abuse.

I really wish that Americans would wise up about alcohol and stop being so damned puritanical about it. That's one of the few things the Euros get right ... maybe we should take a lesson from them.

35 posted on 04/13/2011 1:55:46 PM PDT by bassmaner (Hey commies: I am a white male, and I am guilty of NOTHING! Sell your 'white guilt' elsewhere.)
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To: Bitsy
Shirley Temple which I normally slugged down immediately

I too am the victim of something, something I do not remember that has caused me to live a life of libertine debauchery. Feels good to have it out in the open, huh?

36 posted on 04/13/2011 1:56:24 PM PDT by kbennkc (For those who have fought for it, freedom has a flavor the protected will never know.)
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To: NoKoolAidforMe
Like you can’t see the difference between apple juice and a margarita?

Were the parents brain dead?

The server poured it into a sippy cup, so no, the parents likely didn't look at the beverage itself.

37 posted on 04/13/2011 1:58:03 PM PDT by Anitius Severinus Boethius
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To: Mountain Bike Vomit Carnage
“We’re asking for some accountability,” said Southfield attorney William Stern, representing the parents and the boy. “This could have turned out very badly.”

Better watch out Shyster, the kid's got a rap sheet.


38 posted on 04/13/2011 1:59:01 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
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To: org.whodat
I am sure the parents will soon learn the meaning of hidden surveillance cameras.
39 posted on 04/13/2011 1:59:06 PM PDT by Perdogg (What Would Aqua Buddha do?)
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To: Mountain Bike Vomit Carnage

Glad the parents didn’t hit a Leftist-ordained sobriety checkpoint. The parents would have been arrested for child abuse!


40 posted on 04/13/2011 2:01:01 PM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Perdogg
I would not doubt the parents did it. Have never seen a kids sip cup filled at the bar.
41 posted on 04/13/2011 2:02:24 PM PDT by org.whodat
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To: NativeSon
I wouldn't eat there, bacteria vacationland...

Why would you advertise your phobia like that?

42 posted on 04/13/2011 2:02:34 PM PDT by Minn
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To: thefactor

;)


43 posted on 04/13/2011 2:02:51 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: NativeSon

If I can eat my own cooking...


44 posted on 04/13/2011 2:06:00 PM PDT by ilovesarah2012
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To: Mountain Bike Vomit Carnage

Applebee’s is the only restaurant I have ever been to that I heard employee sing a substitute happy Birthday song the was enjoyable.


45 posted on 04/13/2011 2:07:07 PM PDT by ThomasThomas (I am still looking for that box I am supposed to think out of.)
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To: Mountain Bike Vomit Carnage

Wow. If I were the restaurant manager I would have charged them more. Margaritas are way more expensive than apple juice.


46 posted on 04/13/2011 2:07:44 PM PDT by ElkGroveDan (If every person were like Sarah Palin, this world would be a peaceful, beautiful world to live in.)
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To: thefactor

premixing is illegal in MI.
serving alcohol out of any container that is not it’s original packaging is illegal.

combine with serving a minor, that’s 3 infractions and MLCC can revoke their liquor license.


47 posted on 04/13/2011 2:08:05 PM PDT by absolootezer0 (2x divorced tattooed pierced harley hatin meghan mccain luvin' REAL beer drinkin' smoker ..what?)
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To: magslinger

MI ping


48 posted on 04/13/2011 2:08:40 PM PDT by absolootezer0 (2x divorced tattooed pierced harley hatin meghan mccain luvin' REAL beer drinkin' smoker ..what?)
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To: absolootezer0

I don’t know if there was tequila in it or not, but usually they have a mix and then add the booze after. But I do know that serving out of original packaging is not exactly easy when you’re making drinks quickly. You have to put it in the plastic bottles that are easier to fit in the rack.


49 posted on 04/13/2011 2:13:53 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: Mountain Bike Vomit Carnage

How many toddlers would have drank a margarita without making some awful face or spitting it out? None of my four children have wanted to drink any alcoholic beverages because they can’t even get past the smell of them (which is good because the oldest is still 8 years from being old enough to legally drink).

Of my two who go up for Communion, only the oldest will partake of the cup. Her little brother almost spit the wine out the first time he tasted it at his FHC practice last year, LOL.

(To the original poster, interesting screen name!)


50 posted on 04/13/2011 2:13:58 PM PDT by Hoosier Catholic Momma (Change everything you are, everything you were, your number has been called.)
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