Allergy lawsuit highlights restaurant duty of care on Commercial Drive
Woman says she was served nuts in cannoli despite telling server of tree nut allergy, leading to severe reactions and two hospital visits.
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A lawsuit filed in B.C. Supreme Court against Nonna's Cucina on Commercial Drive centers on whether restaurants must take reasonable steps to prevent serving food containing allergens when customers disclose allergies.
Plaintiff Kelly Touvongsa says she informed her server in February that she was allergic to tree nuts before ordering a cannoli dessert described on the menu as having a "classic ricotta filling" with no mention of nuts. After one bite, she asked her server if the dessert contained tree nuts. The server confirmed it did and apologized.
Approximately 90 minutes after consuming the food, Touvongsa suffered a severe allergic reaction requiring urgent medical treatment and admission to Burnaby General Hospital. The following day while at work, she experienced an additional flare-up requiring admission to St. Paul's Hospital.
Touvongsa is alleging that the restaurant defendants owed her a duty of care to take reasonable steps to prevent her from being served food containing tree nuts after she had informed staff of her allergy. She claims the defendants "failed to ensure that accurate information regarding the presence of tree nuts in the food was communicated by its employees."
Touvongsa alleges she has experienced swelling, throat closing, itching, lightheadedness, fatigue, insomnia, anxiety, post-traumatic stress disorder, and depression. She is seeking general and special damages but has not specified an amount.
None of the claims in the lawsuit have been tested in court. The defendants—1280646 B.C. Ltd., 1299288 B.C. Ltd., Nonna's Cucina Ltd., and Jane Doe No. 1—have not yet filed statements of defence. A man claiming to be an owner told Business in Vancouver he did not want to go on the record with a response.