Twenty-two-year-old Caylin Tucker filed a lawsuit after she says a Houston-area Cheesecake Factory meal she was told would be peanut-free arrived "smothered in peanut sauce," causing anaphylactic shock. The complaint, filed Sept. 11 in Harris County, alleges staff failed to follow allergen-safety protocols and that Tucker required emergency medical treatment and incurred substantial expenses. The suit seeks damages for medical costs, pain and suffering, and other losses; the restaurant has not publicly responded to the latest claim.
Customer Sues Cheesecake Factory After Eating Meal ‘Smothered in Peanut Sauce’ That Triggered Anaphylaxis
Exclusive: Cheesecake Factory guest with severe peanut allergy sues over meal ‘smothered in peanut sauce’
Twenty-two-year-old Caylin Tucker has filed a civil lawsuit after she says a meal at a Houston-area Cheesecake Factory that was promised to be peanut-free instead arrived "smothered in peanut sauce," triggering anaphylactic shock. The complaint, filed Sept. 11 in Harris County District Court, says the incident occurred last June while Tucker dined with her parents.
A Cheesecake Factory in Houston is at the center of a new lawsuit involving a guest allergic to peanuts and the allegedly peanut-laden meal she was served (Getty Images)
What the Complaint Alleges
Tucker told her server before ordering that she has a severe peanut allergy and asked that her meal be prepared without peanuts. According to the complaint, the waiter assured her the meal could be made peanut-free. When Tucker took her first bite she "immediately noticed" peanuts and peanut sauce in the dish. She alleges her lips and tongue swelled, her throat began to close, and she broke out in hives as anaphylaxis set in.
FILE PHOTO: In a civil complaint filed September 11 in Harris County District Court, Caylin Tucker, 22, says she was out to dinner with her parents at a Houston, Texas-area Cheesecake Factory last June when the 'preventable incident' occurred (Getty Images for The Cheesecake)
"She required emergency medical treatment and incurred substantial medical expenses," the complaint states, adding that Tucker suffered "physical pain, mental anguish, emotional distress, physical impairment, inconvenience and other damages."
The filing accuses the Cheesecake Factory and the unnamed server of breaching the duty to exercise ordinary care in preparing, inspecting, handling and serving food. It also claims staff failed to follow proper allergen-safety procedures, did not adequately communicate Tucker's allergy to kitchen personnel, and did not warn her that peanuts were present.
Most allergy sufferers carry an EpiPen at all time, as anaphylactic shock can be fatal if not attended to immediately (Getty Images)
Details Not Included In The Filing
The complaint does not identify the specific menu item involved, say whether the peanut sauce was visible before Tucker took a bite, state whether Tucker carried an EpiPen, or confirm whether she was transported to a hospital. Tucker's attorney did not respond to requests for further comment.
Background: Other Incidents Mentioned
The suit notes previous food-safety incidents involving the chain, including a 2013 scombroid poisoning case in Wisconsin, a 2014 Salmonella outbreak tied to whipped cream in Idaho, and occasional reports from diners finding foreign objects in dishes. Cheesecake Factory officials have previously said the company takes food safety seriously and would review procedures when problems arise.
Relief Sought
Tucker is seeking monetary damages to cover past and future medical expenses, pain and suffering, mental anguish, physical impairment and disfigurement, plus pre- and post-judgment interest and court costs.
Note: The allegations are those contained in the civil complaint and have not been proven in court. The Cheesecake Factory did not respond to a request for comment cited in the original reporting.
Help us improve.
