A family went to a fast food restaurant on Natural Bridge Road in St. Louis. When they placed their order, the father was sure to tell them he was very allergic to tomatoes so they had to make sure there were none on his cheeseburger. The clerk assured him they would hold the tomatoes, and the father paid for his family’s meal. He verified that his receipt said “no tomato”, and he opened his cheeseburger to make sure there were no tomatoes on it. Seeing no tomatoes, he proceeded to eat his meal.
On his second bite, the man quickly realized something was wrong. His throat and tongue swelled up immediately, and he fell to the ground in convolutions struggling to breathe in front of his terrified family. The restaurant failed to process his order correctly, as there was a tomato hidden between the cheese and the burger. Paramedics arrived on the scene quickly and administered medications which probably saved the man’s life. Unable to speak and having difficulty breathing, he was rushed to a nearby hospital where he was diagnosed with anaphylaxis due to the allergic reaction to the tomato on his cheeseburger.
The man hired the Sauter Sullivan law firm to handle his case against the fast food restaurant whose negligence had caused his severe allergic reaction. Christopher Geldmacher took the personal injury case and went to bat for his client. In addition to the allergic reaction, the client suffered from a knot on his head and back and neck injuries due to falling backwards out of his seat when the convulsions hit him. The client had to be monitored for his anaphylaxis and was ordered to take over two months of physical therapy for his back and neck injuries. Mr. Geldmacher negotiated a settlement with the franchise owner of the fast food restaurant, and his client was received a $44,000 settlement for his injuries.