MELFORT, Sask. — A court has ordered the former owners and waitress of a small Saskatchewan Travelodge to pay $25,000 to a man who had an allergic reaction to cheesecake he was served while eating at the hotel in 2006.Brian Martin went into an anaphylactic shock after consuming a slice of caramel apple cheesecake that the waitress claimed was nut free.
According to the judge, the waitress neglected to provide “duty of care” by failing to check the cheesecake package, which would have told her the dessert contained walnuts, reports Saskatchewan’s StarPhoenx
“There will be other cases that arise as a result of this one,” Shannon Metivier, counsel for the waitress and former hotel owners, is quoted as saying in the StarPhoenex. “The courts will need to determine, in those cases, how far that duty of care owed by restaurants extends, because each fact situation is unique.”