04/15/2011 // Greensboro, NC, USA // Personal Injury Lawyers News // Nicole Howley
Madison Heights, MI — The family of a 15-month-old boy, who was inadvertently served margarita mix inside of apple juice, has filed a lawsuit against the restaurant chain. Taylor Dill-Reese and Dominic Wilson filed the lawsuit in Oakland County Circuit Court, which is seeking in excess of $25,000 in damages, reported USA Today.
According to court documents, Dominic Wilson Jr.’s parents visited an Applebee’s Neighborhood Grill and Bar in Madison Heights and ordered their son a kid’s meal, which included a small hamburger, fries and apple juice in a sippy cup. His parents then noticed he was acting funny. His father tasted his drink and noticed it didn’t taste like apple juice and reported it to the restaurant’s manager.
An investigation was launched and police found the drink was actually margarita mix that contained alcohol. Police reported that the bottles were mislabeled.
The toddler reportedly fell ill for several days, but is expected to be OK, according to the lawsuit.
Applebee’s has changed the way apple juice is served at tables and is cooperating with police officials.
But there is conflicting information in several reports surrounding the incident.
“According to the Madison Heights Police Department’s report, its field test at the restaurant checked the drink and it registered a .014. This contrasts with what’s been widely reported and claimed in the lawsuit — that the child had a blood alcohol content of .10 and was rushed to the hospital,” company spokeswoman Nancy Mays said. “According to the police report, the EMTs checked the child at the restaurant and released him.”
The plaintiff’s lawyer asserts that a blood test completed at Beaumont Hospital showed that the boy had a 0.10% blood alcohol. Under Michigan law, anything over 0.08% blood alcohol is considered legally intoxicated.
The lawsuit is seeking monetary damages for emotional distress and medical expenses.
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