A pastor and his wife are suing a waiter at Steak ’n Shake and the company itself after their son was hospitalised because of hot sauce he ate. Tim and Mary Katherine Gann visited the Steak ’n Shake on Oct. 9, 2009, and the waiter offered their son, Caleb, “hot sauce,” giving him a bottle labelled Mega Death Hot Sauce that is not served by the restaurant chain, said Debbie Richman, owner of the franchise at 220 Paul Huff Parkway.
The lawsuit, filed on Sept. 30 by Bilbo Law Office in Bradley County Circuit Court, said the substance led to “the infliction of severe injuries to his [Caleb’s] body and permanent damages.” The Ganns are suing for compensatory damages of $10,000 and punitive damages of $50,000. After consuming the sauce, Caleb reacted with “flaring-up of hives on his skin, difficulty breathing and severe pain and inflammation of his digestive system including his mouth and throat,” according to the lawsuit.
The Ganns took their son from the restaurant to Skyridge Medical Center for treatment, the suit states. The waiter did not warn anyone of the nature of the substance, and Caleb Gann put it to his chili, according to the lawsuit. The manufacturer of Mega Death Hot Sauce — Blair’s Sauces and Snacks — claims in the product description that it “contains ingredients 500 times hotter than a jalapeno chili” and doesn’t recommend it for use without dilution.
Richman said she believes the waiter bought the sauce on a trip to Gatlinburg, Tenn. She declined to name the employee but said he no longer is employed by the restaurant. The lawsuit may be the first in history to allege a “hot-sauce injury,” wrote Matthew Heller, a writer for OnPoint legal news.
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