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Old 06-15-2007, 09:36 PM   #1
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Default Lawsuit or no lawsuit?

No juice: Toddler served margarita in sippy cup
Manager at Calif. Applebee’s accidentally grabbed drink mix instead of juice

ANTIOCH, Calif. - Kim Mayorga was confused when her 2-year-old started making funny faces and pushing away the apple juice he had ordered at Applebee’s. The explanation came when she opened the lid of the sippy cup and was hit by the smell of tequila and Triple Sec.

The restaurant staff accidentally gave Julian Mayorga a margarita Monday. He grew drowsy and started vomiting a few hours later and was rushed to the hospital.

“I wasn’t going to make a big deal about it,” the mother told the Contra Costa Times on Thursday, “but then he got sick.”

The apple juice and margarita mix were stored in identical plastic bottles, and the manager mistakenly grabbed the margarita container to pour the boy’s drink, said Randy Tei, vice president for Apple Bay East Inc., which owns the franchise restaurant and nine other Applebee’s in the San Francisco Bay area.

The Mayorgas will be reimbursed for their medical bills, and Tei said the franchise group’s restaurants will no longer serve apple juice and margaritas in similar containers.

“We absolutely believe it was an honest mistake,” Tei said.

The serving appeared to have been accidental, Antioch police Lt. Pat Welch said. Mayorga said her son is now doing fine.

She said the company has been very apologetic and offered free meals, but she added, “If they think I’m going back there, they’re ridiculous.”

So far I'm impressed, that in today's lawsuit happy world, someone has the self control not to make a quick call to their attorney. Sure, I'd be pissed & would have made a few nervous at the restaurant at the time but I never would have seen a potential payday in the future as seems the case nowadays...

Of course, there's a question about this:

"Kim Mayorga was confused when her 2-year-old started making funny faces and pushing away the apple juice he had ordered at Applebee’s."

Maybe the toddler ordered it behind Mom's back? Kids are growing up so fast today...

P.S. I wonder if the manager found a new job yet...
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Old 06-16-2007, 10:56 AM   #2
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Alcohol has a nice calming effect on babies. I'm all for babies drinking.:lol:
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Old 06-16-2007, 12:33 PM   #3
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Old 06-16-2007, 06:52 PM   #4
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Old 06-17-2007, 10:08 AM   #5
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Interesting mistake made by the good folks at Applebees. I guess it is an acquired taste.
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