Mom Sues After 5-Year-Old Allegedly Served Long Island Iced Tea

[DesertRat]

A mother in New York is suing an Applebee's restaurant after her 5-year-old son was allegedly served a Long Island Iced Tea instead of apple juice.
Cynthia Pereles said she took her son Seth to dinner at the franchised restaurant in Battery Park City and ordered him an apple juice.
Pereles said she did not realize her son was drinking a concoction of white rum, gin, vodka, triple sec, Coke and sweet-and-sour mix until it was too late. The boy's eyes became glazed and he began to laugh uncontrollably, according to a report.
"When you're looking at your 5-year-old and you're asking him, quiet down Seth, sit still and you see that mentally and physically he cannot comply with what you're asking him to do because he is under the influence," Pereles said.
http://www.local6.com/news/5939518/detail.html

[Kingshakabobo]

1. I'd sue too if someone served me that crap. Gimme a martini. Dry. n/t

[KansDem]

57. "Shaken, not stirred?"

[BlueJazz]

2. So THAT'S why my Rum and Coke tasted like Apple Juice.

:evilgrin:

[txindy]

3. What?! No way do the two drinks look anything alike

And she supposedly didn't notice? What did she drink, the apple juice? :eyes:

[Bucky]

18. There's a lot of variety in the coloring of Long Island IceTeas.

They can even come in an apple juice-like soft amber color if you use the right amount of coke. Plus lots of places serve them in frosted or tinted glasses that could obsure their coloring. They are deadly wicked because they're twice as alcoholic as the average AND they go gown smooth... none of that bitterish alcohol taste you get with typical vodka or whisky drinks.

[TankLV]

31. I LOVE the things!

Can only handle two at any one "session", tho.

Did I tell you that I've discovered this past Christmas Holiday that my partner makes the BEST Irish Coffee?! God I love that man for many reasons, but this is the icing on the cake!

[politicat]

19. Applebee's serves kids' drinks in opaque, lidded cups w/ straws.

Mom couldn't have seen the drink, I'd bet. The only way for a LIT to get into a kids' cup is intentionally.

She is within her rights to sue - that much alcohol can kill a child. (My thought, of course, is since the kid is fine, there's no harm, no foul, and the manager should have apologized, not charged her for her bill, and they should all just accept that the situation is done -- and she should check her kid's drink in the future, but hey, I'm not a parent and I tend to think that going to court for things like this is a waste of my time when it's much easier to just never go back to that restaurant and tell all my friends not to go there either.... )

[LisaL]

25. The child had to go to a hospital.

[northzax]

103. it doesn't say that

it says the child was taken to a hospital and given a blood test. It doesn't say that any sort of treatment was provided. Still, Applebees should pick up the tab for that.

Also, this sounds a bit fishy: Pereles said she did not realize her son was drinking a concoction of white rum, gin, vodka, triple sec, Coke and sweet-and-sour mix until it was too late. What, did she do a mass spectronomy on this or something? or was this drink intended for her and it got mixed up? Funny how the article doesn't mention the sippy cups either-

I'm not calling bullshit, but this sounds a bit fishy.

[proud2BlibKansan]

29. Now why would they put an alcoholic drink in a kiddie cup?

Someone here - actually more than one person - is NOT playing with a full deck.
:rofl:

[politicat]

52. Not disputing that....

Weird case.

[justabob]

87. You have never been a waiter

that was probably a shift drink that someone grabbed by mistake.

[politicat]

94. Actually, I have (And my sis worked at Applebee's as a 'tender.)

I called her for procedure; she says that booze gets mixed in a metal cup or in the serving glass, while milk, juice, soda are poured directly into the serving glass.

There is NEVER a reason to put a mixed drink into a kiddie cup.

Ever.

And drinking on the job is a good way to lose your job - Applebee's has a zero tolerance policy.

My serving jobs didn't include such niceties as kiddie cups, but then again, kids really weren't welcome in the restaurant....

[justabob]

96. I know but

drinking on the clock happens all the time. Where I worked they used "to go" cups or even coffee cups as well as kid cups. I was just throwing another possibility out there. It makes as much sense as the other possibilities in this thread. :shrug:

[northzax]

105. does every drink served to a child come in a sippy cup?

I've never been to an Applebee's. or do you have to order off a kid's drink menu?

[Maine-ah]

93. I have to agree (former waitress and bartender here)

what did mom have to drink? Anyone else at the table? It looks like a finger in the chili situation to me.

-OR-

child was a pain in the ass (i.e. running around the restaurant, loud ect) and bartender had enough. Not that I'm condoning it, but there is a website that has server's revenge stories: http://www.stainedapron.com/rev.htm

[MrMonk]

86. A punitive suit

not that I'm against them, in principle.

$75,000 probably justifies the time and effort needed to take a case through trial. It will also get the chain's attention, and they will come down hard on the offending restaurant and its management.

[Nicholas D Wolfwood]

127. I'm not usually one to blame restaurants and such for things.

However, asking a parent to test every single drink their child receives is hardly a reasonable request. If you order the proper drink, it is the responsibility of the restaurant to, I dunno, not poison you.

[Walt Starr]

64. Have you ever noticed the lighting in Applebees?

It's dark so you don't notice how horrible the crap tehy serve looks.

[NanceGreggs]

4. If this litigious bitch was my mother ...

... I would have been swillin' the booze back when I was five, too.

So let's tie up the courts with this crapola, while people with real legal beefs wait forever for their day in court.

What is she suing for re damages and compensation? What is the appropriate and just monetary compensation for your kid being tipsy for a couple of hours? Five million? Twenty-five million?

Gimme a PFB, lady.

[beam me up scottie]

10. ~

:rofl:

[LisaL]

15. She wants 75,000 $ for it.

It's in the article. The restaurant also admitted it, so it's not the case of fraud, like in Wendy's chili finger.

[oasis]

73. Applebees will settle out of court in order to stay out of the news. I'm

not sure about the mother's history of litigation. Some folks merely want to send a message with a law suit.

[catnhatnh]

5. Since when does a Long Island Ice Tea....

(which looks like ice tea) pass as apple juice? And a five year old sits quietly and drinks it with no complaints....no "Mom this tastes funny."? Maybe I'm being cynical but something smells wrong to me.....

[buff2]

No 5 year old would toss down a long island Iced tea

I'm not buying that story either. It's another "get rich quick" scheme,and easy way to get big bucks.

[LisaL]

17. Then maybe you should just read the article.

Apparently, the restaurant admitted its mistake. Do you think they would admit it if it didn't happen?

[Bucky]

20. Rove is behind this story. PNAC is distracting us from, um, something

If she's only going for $75k, she's an angel. It's enough to hurt a store's bottom line and make the management get its act together, but not enough to ruin a franchise outlet. Sounds like this mom is showing a LOT of restraint, frankly.

[buff2]

56. Do you really believe that 5 year old drank the whole glass?

I raised 2 kids.Kids refuse to drink stuff that tastes bad.Ever try to get a kid to take caster oil? Nuff said.

[LisaL]

62. The kid was taken into the hospital, where alcohol

was found in his blood. How do you supposed it got in there? Nuff said.
:eyes:

[Occulus]

77. I think we're contesting how it got there in the first place

Nobody's saying it didn't happen... all we're asking is the very reasonable question of how a five-year-old would drink enough to have to be hospitalized without ever once saying anything about the drink itself.

[Bake]

75. You ever tasted a Long Island Tea?

Pretty damn good if you ask me. The fact that the restaurant (which ADMITTED IT) intentionally put it in the kid's cup is f'ing ridiculous. The kid had to be taken to the hospital. That much alcohol COULD be extremely harmful to a young child.

This is NOT a case of a "tipsy" kid. This is a serious case, not a "get rich quick" scheme. The restaurant needs to learn a lesson from it, and the waitress needs to find new employment. I saw this reported on Faux News (morning show yesterday) and they all thought it was a hoot, too, and a get-rich-quick scheme. So some of you are in good company.

What you should ask is, what if it were MY kid? I probably wouldn't sue (and I'm a lawyer), but I'd sure as hell think about it.

Bottom line: Left to its own devices, you cannot trust business to "do the right thing."

Bake

[Pithlet]

114. Kids are poisoned all the time when they get into medicine

and that stuff tastes nasty. I'm not offering an opinion either way on this case, but I do think it is plausible. It's been a LONG time since I've had a long island iced tea, but I think I remember it being sweet. So, I could see this happening.

[RockaFowler]

128. The restaurant didn't admit anything

The mother said that she was told by Applebees it was a mistake. They declined to comment. Something doesn't seem right here

[AntiCoup2K4]

11. Only thing I could think of is that they serve both drinks in.......

....really dark glasses. And then if it was soft lighting in the restaraunt, that might it more difficult.

Or their server and the mother were both complete morons.

Either theory works for me.

[proud2BlibKansan]

33. I vote for the complete morons theory

[LisaL]

124. The kids sounds like he is a handful. I think it might

have been malicious on the servers' part. Either that, or he is an idiot.

[proud2BlibKansan]

32. Yeah I am with you on that skepticism

Also, the LITs I have drank just REEK of alcohol. Seems like Mom would have smelled the drink.

[TankLV]

35. A good LIIT tastes like a plain Iced Tea.

A BAD LIIT tastes like all the alcohol that's in it.

This restaurant must know how to make a good LIIT.

And, LIIT's can be yellow/gold in color, just like apple juice. Not all are "dark" like a brewed tea.

I know. I LOOOOOVE them! Only at two at any one time, tho, otherwise I'm under the table - literally.

[txindy]

48. But at best it would taste like a good iced tea, not apple juice.

The kid is five, not a toddler. Surely he would speak up about the lack of apple juice in his apple juice. He must like tea, if this story is true. :shrug:

[MrMonk]

88. If a five-year old likes what he's tasting, he won't complain that its

not what he asked for. That's just my experience, having uncled eight nieces and nephews past that stage.

[txindy]

101. I've parented two five year olds, myself,. Yes, they'd question it.

If only to ask what it was so they could make sure to get it another day. They wouldn't drink something entirely new and accept that it was what they were used to and were expecting. Not a chance!

[no name no slogan]

97. A "good" LIIT? Isn't that an oxymoron? n/t

[buff2]

6. I drank 3 one time

It was the first time I had long island iced tea. I drank them pretty fast,not knowing what was in them and I remember going to the restroom and that's all. I passed out in there for over 3 hours. When I finally came out,it was a whole new bar full of people. The friends I was with thought I had left. I'll never forget that night. Or the next day when I nursed the hangover.

[Sparkle]

7. You passed out and no one saw you laying on the floor?

And your friends thought you left? Some friends you had.

[buff2]

12. I was in the bathroom stall.

People that worked there said they checked on me,but I don't remember. My friends were drinking too. You know how it is when people are drunk. Glad them days are over for me! :puke:

[AntiCoup2K4]

8. I believe 3 of those is the legal limit in most bars around here.

Which means a 5 year old on one had to have been pretty fucked up.

[buff2]

14. Most kids wouldn't drink it

Unless this kid is used to drinking alcohol,I can't imagine the kid taking a drink and not spitting it out.

[LisaL]

16. I don't know how you came up with an idea that most kids wouldn't

drink it. Have you tested it on many kids?

[uppityperson]

21. I don't know any 5 yr old that wouldn't have spit it out

too much alcohol for the sugar ratio. It could happen, just seems odd. If it happened, I could see getting something from the Applebees, or a judgement to make sure they train their staff and bartenders better at least.

[LisaL]

24. It's sweet. A lot of adults drink more alcohol then they should,

because it tastes sweet, and you don't realize how much alcohol is in it.

[uppityperson]

27. I think the one had must've been poorly made. Too strong

sweet I can see a kid drinking. Poor kid.

[Occulus]

78. Well, I guess I can see that n/t

[TankLV]

37. A good LIIT tastes like a plain Iced Tea. You don't taste the alcohol in

it.

It just tastes sweet and good.

A bad LIIT you can taste every single spirit in it and it's BAAAAAD.

That's why I like them - if they're good ones.

[buff2]

55. That is such a stupid ass question it hardly justifys an answer

Of course I wouldn't! Would YOU? I'm saying kids just don't drink stuff that tastes bad to them.I'm not buying that story. That woman wants big $$$$$$$,simple as that.

[DesertRat]

38. I agree

I teach 5 year olds and believe me they would know the difference between their beloved apple juice and a mixed cocktail.

[LisaL]

43. Unless you giving them one or the other, and testing them,

you have no clue. It's sweet, and the kid might have liked the taste. The restaurant apparently admits it. The child had to go to a hospital, where he tested drunk. Yet, Sherlock Holmses here still think this woman somehow made it up?

[BlueStateGirl]

9. She didn't notice it wan't apple juice? They are not even remotely

similar in appearance.

[LisaL]

13. Some restaurants have dark glasses.

She might have not noticed anything was wrong.

[Pastiche423]

54. From Applebee's website...

Top Shelf Long Island Ice Tea

[TankLV]

39. Then you've never had a good LIIT. They sure are alike IF they're

made correctly.

Only poorly made ones taste the alcohol.

Depending on how much cola is in it, you can get either an apple juice looking one or a dark one.

I've drank them for years at all sorts of places. Very few bartenders know how to make a good one.

The good ones are good BECAUSE you shouldn't taste any alcohol taste in it at all - that's the whole idea behind a good LIIT!

[Pavulon]

22. My neck, my neck and my back

..we can settle out of court for 20 dollas.

[_testify_]

58. How about a dollar and some envelopes? n/t

[artfan]

23. just saw this on my local news

and the mom was holding one of the kiddie cups Applebees uses. Also mentioned that the server was annoyed with the kid.

If true I would sue too, that much booze could have harmed the kid.

[LisaL]

26. If the server was annoyed, maybe he/she did it on purpose?

I think she will probably get money out of it, but then I am not a lawyer. In any case, that restaurant should be investigated. Maybe it will get its alcohol license revoked? Giving alcohol to children is a big no-no.

[AntiCoup2K4]

41. The Long Island Ice Tea was in a KIDDIE CUP??

:wtf: OK, now this becomes a deliberate case of intentionally serving alcohol to a minor, if that is the case. The restaraunt should lose their liquor license if that's the case, and the server and/or bartender are probably unemployed already.

[knitter4democracy]

60. That's how the mom didn't know.

I don't check my kids' cups to make sure that the juice I ordered is what's in there.

If it really tastes like tea, I know my kids would drink it. Both of mine like sweet iced tea and wouldn't tell me that it wasn't juice because they know I'd have it taken back.

[justabob]

91. not necessarily

I'd be willing to bet that some waiter(waitress) rang a drink up for himself, slipped it into a kiddie cup and left it around the wait station where it got picked up by mistake. Sounds 'out there' maybe, but where I worked the waiters did that kind of thing fairly often, except they used to-go cups, and we were forever being told not to leave drinks around the computer stations and wait station. I think that is more likely than a waiter deliberately serving a 5 year old a LIT.

[LostinVA]

118. If I was the wait staffer, I would sue HER

If she went on TV and basically accused me of drugging her kid.

[Rabrrrrrr]

119. Damn right! Stupid *$#@*%$#^ goes on TV?

Obviously, she's got herself a mental problem. You don't go on TV before you sue a place like that unless you're fucking addicted to "ME! ME! ME! LOOK AT MEEEEEEEEEEEEEEEEEE!!!!!!!!!!!!!!"

*#&$(*#^% idiot.

Whatever happened to just accepting the fact that people sometimes make mistakes, and letting the shit ride if no harm was done?

Fucking lawsuit happy bovine Dorito pumping overweight ignorant asshole America.

It's the Reagan wet dream - we're mostly too stupid to govern ourselves, so now the fascists can take over.

[LostinVA]

121. She publicly accused someone of committing a crime

against her son, specifically the wait person. She better have some proof to back that up...

[Rabrrrrrr]

122. She's gotta be mental, in search of ways to make herself

look important and have the world see her.

me me me me meeeeeeeeeeeeeee

That's pretty ballsy to accuse someone on TV and not wait for the lawyer to do it in court. Only someone with a mental condition does that.

[LostinVA]

123. Or someone wanting some money

I'll be very interested to see how this plays out.

[LisaL]

126. Everybody wants some money. I don't think I have ever met

anybody who didn't want any money. Now, maybe such people exist, but I sure haven't met them.

[LisaL]

125. Nobody is making you to sue anyone, really.

But to say that no other people should be able to sue because you find it distasteful is ridiculous.

[proud2BlibKansan]

28. LOL I am sorry but just how dumb do you have to be

to LET your kid drink this and not know what he was drinking?

I also suppose we are to believe he just drank it and NEVER said "Mommy, this isn't apple juice"

[LisaL]

30. Do you freaking test your kids drink when you go out?

Ridiculous. The server brought out what she thought was apple juice. According to you, the parents that don't taste their kids drinks are dumb. Well, I got news for you-most people would assume the drink was exactly what they ordered and not an alcoholic beverage.

[proud2BlibKansan]

36. LIT has so much alcohol in it you can smell it a mile away

And no 5 year old would taste this and not grimace.

Sorry, this story is just a bit too funky for me.

[beam me up scottie]

44. Not to mention the

mother now claiming in front of the teevee cameras that the server was "annoyed" with her kid.

Ka-Ching.

[proud2BlibKansan]

46. Ka-ching is right

This one smells just a bit too funny, eh?

[beam me up scottie]

50. It stinks to the rafters.

I too, have had MANY LIT's and no way does a bartender at Applebees make them THAT well.

I'm not saying a mix-up couldn't happen, I just think the kid would have tasted it and spit it out.

You ever try to get a five year old to drink strong cough medicine?

[northzax]

106. and saying that the restaurant

admitted guilt.

[KansDem]

59. I don't, but on two occasions I probably should have...

1) Took my young son out to a restaurant several years ago. He got a milk with his kid's meal. It came in a small, one-serving cardboard carton. He wanted to stick a straw in and start drinking right away. I said that we would pour it out into a glass (for "etiquette" reasons) and he can put the straw in that. When I poured out the milk into the glass and it literally came out in globs. It had spoiled. I was glad my son didn't do what he initially wanted.

2) About 10 year ago I took my daughter to another restaurant where she ordered a soft drink. It came in one of those souvenir cups with the restaurant's logo on it and a lid. She drank it with her meal. We left and got in the car. While in the car she took the lid off and we discovered the inside of the cup had been marked up with crayon with bits of crayon at the bottom. Turns out the cup had been used to store crayons for kids to use with the "keep the kids busy" paper place mats. The server must have grabbed it (it must not have had crayons in it at the time) and used it for the drink. Ewwwwwwwww...:puke:

But normally I don't check my kids' drinks unless I sense something is awry...

[TankLV]

40. Then you've never had a good LIIT.

[proud2BlibKansan]

42. Obviously not

LOL

[Sgent]

34. I might sue

but I'm hard pressed to see how damages could be very much. At least in my state, pain & suffering is usually limited to 2x the medical bills. I guess punitive damages *might* be in order, but that's tough to prove, and even if you do your usually limited (by our recent supreme court) to 10X the total damages.

So $1,000 hospital + $2,000 P&S = $3,000 X 10 Punative = $30,000. Seems a little extreme for me -- and will require a difficult trial.

[LisaL]

45. Well, even couple of grands might sound good to someone.

I sure wouldn't turn it down.

[proud2BlibKansan]

47. Sounds like she needs an activist lawyer

and an activist judge.

[shanti]

53. these things usually don't get to trial

they are settled out of court.

[Caoimhe]

49. Another BS lawsuit

In another 5 years his friends and him will sneak some alcohol from dad's special shelf above the stove.

[JVS]

51. Party down!

[KamaAina]

61. There's an Applebee's in Manhattan?!

That alone boggles the mind. Of course BPC is just the kind of place where there would be one; it's as close to a "master-planned community" as there can be in Manhattan, but jeez, an Applebee's? Maybe the kid should countersue the mom for having such wretched taste.

[LisaL]

63. Very snobbish, aren't we?

[KamaAina]

68. We were having a Lounge discussion about the Olive Garden in Times Sq.

for some reason, one day last week was "Olive Day".

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=105&topic_id=4548531

The point is that Manhattan has thus far been one of the few spots that has resisted the spread of bland, homogenized corporate culture, not only Applebee's but also the Olive Garden, Outback and the like. By the way, most of these companies are big-time repuke contributors. If this be snobbery, then so be it!

[NYCGirl]

70. Why in the world would anyone want to go to Olive Garden when there

are so many great, authentic Italian restaurants in NYC?

[Rabrrrrrr]

110. BECAUSE AMERICANS ARE FUCKING DUMB AND TASTELESS!

That's why! They'd rather go safe with "authentic Italian from Olive Garden" then take the risk of that "weird Italian food from Italy that you get in Little Italy".

And this is one of the reasons I hate Americans so (*&@^%(@#& much.

The Olive Garden in Times Square sent me over the edge; the Applebees that opened IN THE PLACE THAT A REAL RESTAURANT SAT in 2002 sent me toppling down the edge.

[NYCGirl]

66. Yep, the first one was in the new "Disneyized" Times Square.

I liked Times Square better when the porn was there.

You can thank Giuliani for this — he changed the zoning laws which allowed all the "big box" stores and franchises to open.

[Rabrrrrrr]

109. Yes. Two of the fuckers near the Olive Garden in Times Fucking Square

(*)&#$()*&#%

And one of the Applebees, on 50th and Broadway, replaced A GOOD, LEGITIMATE restaurant and bar that I loved!

A place that had actual food, and actual bartenders who don't pour drinks from the vats of pre-made shipped-in "cocktails".

[CanuckAmok]

113. Imagine my shock at a "Hooter's" in Vancouver.

We don't even have NASCAR... how'd we get a Hooter's?!

[JVS]

115. Hooters spreads quicker

T&A has a more universal appeal than NASCAR

[fujiyama]

65. That would be a lot of alcohol for a kid

Looks like the kid is OK though. That's good.

The story is strange though - IF this was in a kiddie cup, then it seems pretty suspicious that it was on purpose. The store should definetely lose the liquor license in that case. And I would hope the woman gets good money.

But at the same time, I'd say a LIIT is pretty damn strong and can be smelled from a seat or two away. That mom has to be pretty clueless to have not smelled the alcohol. It's understandable that a kid would drink it regardless. A LIIT is sweet and it masks the alcohol. The first time I had it (and it's actually the very first drink I ever had), I tasted nothing funny. It just tasted like any sweet drink, but after two, I started feeling the effects.

[LisaL]

67. There are all kinds of smells in restaurants.

Even if the woman smelled alcohol, how would she realized the smell was coming from a kiddie cup?

[fujiyama]

69. True...

That's why, if it was in the kiddie cup the woman should get money. That kind of alcohol is not safe for someone of that age and weight.

But I still would believe it would be strong enough to detect from a seat away. Granted, it might be harder to tell from a kiddie cup. I don't know.

[npincus]

71. not plausible

a kid would take one sip and say, "this drink tastes weird", or something like that. A scam, perhaps?

[NYCGirl]

72. Have you ever had a LI Iced Tea? They're very sweet. NT

[npincus]

82. yes- I used to order them back when I was a young-un

and sneaking into bars w/a fake ID... it only takes one to get fucked up- max bang for the buck. I base my comment on my my kid, who is rather picky, but perhaps another kid would sip it and like it... though LI Ice teas have a strong alchohol taste/aftertaste. It's hard for me to imagine a kid wouldn't speak up- at least noting it didn't taste like apple juice, but certainly ya never know.

[Horse with no Name]

74. Insane. I hope she gets every penny.

Totally.
I never check my kids cups when we eat out. Never.
I also have bad sinuses and allergies so I wouldn't be able to smell it either.
The restaurant is damned lucky that the LIT didn't damage this boy's liver.
I guess for the ones on this thread thinking $75k for this "mistake" that sounded pretty deliberate, my guess is that you haven't priced a liver transplant lately.
Notwithstanding, what if the child had been allergic to one of the ingredients?
What if the child were on medication that the alcohol would have interacted with?
What if the parent never noticed it at the restaurant and took the child home and ended up at the Emergency Room? Alcohol in the blood of a 5-year old would have certainly ensured that CPS would have become a fixture in this family's life--if even for a while. Possible the child might have even been taken away from his family.
How would you feel if you took your 5-year old to a restaurant that spiked their food with Xanax or Valium because they were being a pain in the ass?
There is absolutely no difference. This is unacceptable.

[Neil Lisst]

76. Maybe $750 or $7500 for nuisance value, but not 75k

This case is much ado about nothing. Well, it's not about nothing, but it's blown out of proportion. If there is one thing any adult person knows, it is that orders get mixed up, get delivered to the wrong person. This appears to have involved a mistake on the part of the restaurant, but it also suggests the mother has partial responsibility.

There are no damages to speak of, besides the initial medicals. If the child had fallen off his chair and suffered brain damage, it's a million dollar case, but absent real damages, this is grist for the humor mill more than anything else. I'm sure the writers at Jay Leno's show will have fun with it.

Certainly it was a mistake, but the harm was limited to the child getting drunk. That's it.

And where was mom during this? She's got an obligation, a duty, to observe and protect the child. Doesn't she know what a glass of apple juice looks like? Doesn't she pay attention when her kids eat in public?

There is liability, and there is some opportunity for punitives, but there are no real damages to support her claim. She won't win over 10K if it's tried, and probably not that.

Her best opportunity was to settle it without going public. Now that she's gone public and Appleby's has taken the PR hit, she's given them the opportunity to show she's greedy and unreasonable.

And while we're at it, what five year old doesn't act like she described when eating at a restaurant?

This kind of case does real lawsuits and real plaintiffs a serious disservice, and merely allows those who want to limit plaintiffs' cases ammo for their political efforts to limit same.

[LisaL]

84. It's true, but not all lawsuits are going to get someone millions.

Even 750$ might sound good to someone. Sure sounds good to me.

[Neil Lisst]

85. Hey, I'm not opposed to a recovery. She's due some money.

That is why I put the number between 750-7500 dollars.

But they are seeking 75K, and that isn't gonna happen. My guess is the company already offered the mother 750-7500 dollars. They aren't insane. They know it is liability case.

I'm in favor of plaintiffs getting their damages. I could write a treatise on why the lady in Arizona who spilled coffee from McDonald's in her lap should have recovered her judgment against them. She didn't, you know. The judge ordered a remittitur of all but about 400K in that one, but you never hear about that. You hear about 2 million for spilled coffee.

Yeah, spilled coffee that was 30 degrees too hot, dangerously so, and caused the tensile strength of the cup to degrade. It burned her genitals badly and they required plastic surgery where soft tissue had to be taken from other parts of her body and transplanted. But don't get me started on that case.

Bottom line, the long island tea case is a case that might be worth 5 grand, inclusive of medicals and attorneys' fees.

[LisaL]

104. But she stuck that coffee between her legs. How much

was her suffering due to her own stupidity? As for the kid and alcohol-my point is, when I used to sell alcohol, we had to ask everyone for an ID. There were some horrible scenes do to that, because people were obviously over 21, but we still had to ask them for ID. And if we made a mistake, and sold it to a minor, we would lose our alcohol license.
I find it very peculiar how this restaurant can provide a five year old with alcohol and not even be investigated for it?

[Generator]

79. Cripes why does everybody have to sue?

Why not just demand free dinners for life? (maybe free drinks for the parents they could probably use it) Oh I know, the outrage. The children. Bah. Are people human or did I miss something that said a waitress can't make mistakes? Did he die? Did it ruin the kid's life? What is suing going to accomplish? No we must take everyone to court. Because everyone is guilty of being human. Humanity-just say no.

[Horse with no Name]

80. I don't think that bartenders routinely mix Long Island Iced Tea's

in kiddie cups.
This was done on purpose.
That is the outrage.

[LisaL]

83. I sure as hell wouldn't want to eat or drink there.

Who knows what they will put into the drinks next?
The restaurant served alcohol to a minor. That is a big no-no. Has anybody noticed that clerks in supermarkets aren't even allowed to touch alcohol bottles if they are under age? They have to call for someone older to scan it.
And here this morons served alcohol to a five year old, and it's no big deal?

[Generator]

90. I think these posts sound hysterical

yeah and even funny. GOOD GOD next they will be serving rats on platters at Appleebees and forcing you to eat them or you will be forced to give your !!!!innocent child!!!! booze. It's the end of humanity, this Appleebees. Now we know what was the last straw for the human race. Thought it was Bush but NO it was Appleebees. Maybe the real problem is-gulp-sippy cups. Just say no. This and the sleeping in the bed thread-this place is like "moms who think". And GOD I hated that place. Please back to the ruining of the supreme court-might matter more than a five year old drunk for five minutes- and I can't even hide this stupid thread.

[LisaL]

102. You are ranting incoherently. I have no clue what you are talking

about at all.
Too much LIT?

[Chiyo-chichi]

81. apparently the kid did say it tasted funny.

Anyone actually see it reported that it was in a kiddie cup - or is that just speculation?

http://www.wkyc.com/news/news_article.aspx?storyid=45897

NEW YORK -- A mother is suing the chain eatery Applebee's after a restaurant in Manhattan served her five-year-old son a Long Island Iced Tea instead of the apple juice he ordered.
The young boy ended up in the emergency room after he was clowning around, shouting and stumbling more than normal.

Cynthia Pereles said her son thought the "juice" tasted funny but she thought he was just being a "pain in the neck."

As her child's behavior become more erratic, she eventually took a sip herself and that's when she tasted alcohol.

[Nikia]

89. She was irresponsible for not checking it herself

Alright, perhaps I am not a busy stressed out parent, but children look to parents to protect them. On a few occaisions at home or at a restaurant, I have tasted things that have been of, suggesting spoilage. I have also received steaks and hamburgers that have been raw at the center.
I am not saying that the restaurant shouldn't be responsible. I am saying that parents should pay attention to what their child is getting, be it the wrong drink or a raw hamburger, and be attentive if the kid mentions that something might be wrong.

[Chiyo-chichi]

95. this article confirms it was a kid's cup

He didn't down the whole thing - draw your own conclusion from that. But she was not irresponsible for failing to taste his drink.

http://cbs2chicago.com/topstories/local_story_009174721.html

(CBS) NEW YORK An Applebee's restaurant in New York City gave a 5-year-old boy a beverage he won't be able to drink legally for another 16 years. The boy's mother is taking Applebee's to court.

Cynthia Pereles can't understand how someone put Long Island iced tea into her son Seth's kiddie cup instead of the apple juice he ordered.

Seth took two sips and immediately spit it out, but then he couldn't stop laughing and started licking bread baskets.

[Nikia]

100. I am suspicious about the amount he ingested

Especially if he allegedly spit it out.
I am not saying that it isn't bad that the restaurant made the mistake. I am wondering though how he could have become very drunk on so little alcohol.

[AspenRose]

92. If nothing else, this thread has given me an education

being a fairly new mom (11 months old). :scared:

There are some sick people in the world. Deliberately giving alcohol to a 5 year old. That's awful.

[IA_Seth]

107. I'm with you...I will be a taste-tester from here on out! n/t

[LSK]

98. somewhere, on some freeper site, this is an example of liberalism

Some idiot freeper is posting this for his likeminded braindead freeper buddies and saying that this story illustrates liberalism to a tee. Ive seen these idiots do that before with stuff like this.

[KitchenWitch]

99. I have an Applebees kiddie cup story

We all went out to an Applebees near us, and I ordered a lemonade for my daughter (who is 4). When the drinks came, she drank out of the kiddie cup and kept making faces, but that did not register with us. Turns out her kiddie cup was filled with Coke and not Lemonade, and she spent the rest of the evening bouncing off the walls from the caffeine.

It was a simple mistake, but it does make the point clear that one should check what is in their kiddie cups.

[Chiyo-chichi]

108. I hope you sued them.

jst kidding.

[Rabrrrrrr]

111. Especially since kids can't really be relied upon to remember

what they actually ordered. Hell, even teenagers can't always remember.

[LisaL]

116. I always order for the kiddies. I presume most people do the same.

[KitchenWitch]

120. no kidding

if it does not taste bad to kids, they are not going to say anything.

[CanuckAmok]

112. what's the problem? It was mom's night to be designated driver, anyway.

Sheesh.

[LostinVA]

117. I sincerely doubt a kid would drink that without complaining

about the taste or puking. The things are literally 99.9% liquor.

Hmmm... the faint whiff of fish...

[boobooday]

129. How could you confuse the 5-year-old

With the sorority girl who undoubtedly ordered the drink?