Friday, July 5, 2019

Michigan woman sues Jimmy John's for putting mustard on her sandwich, loses case

Posted By on Fri, Jul 5, 2019 at 11:52 AM

click to enlarge JIMMY JOHN'S/FACEBOOK
  • Jimmy John's/Facebook

A Comstock Park woman who sued Jimmy John's for putting Dijon mustard on her sandwich has lost the case.

The decision this week by the Michigan Court of Appeals not to hear the case brought to an end two years of litigation that made national headlines when the suit was filed in 2016.

Though it seems silly on its face, the woman, Lindsey Besnahan, suffered a serious allergic reaction to the dijon's horseradish. After the reaction, she couldn't speak above a whisper for months and required speech therapy to regain full use of her voice.

Bresnahan ordered the Billy Club Unwhich, which doesn’t include bread and instead holds roast beef, smoked ham, provolone cheese, Dijon mustard, lettuce, tomato, and mayonnaise wrapped in lettuce. She said she asked the restaurant to hold the mustard.

“It is not unreasonable to expect a sandwich shop to make the sandwich according to the order,” Bresnahan's attorney told Fox News in 2016. “Sometimes no harm results, other than annoyance. Other times, like here, serious harm can result. Either way, Jimmy John’s is accountable for its negligence.”

However, a Kent County Circuit Court judge disagreed.

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