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Man only gets $5K in Syberg’s seafood allergy lawsuit
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ST. LOUIS – A St. Charles County man lost an appeal against Syberg’s restaurant last week, after suffering an allergic reaction in 2015 while attending Easter brunch.
Andrew Denney sought $50,000 in damages and court costs, claiming Syberg’s Westport was negligent, committed breach of warranty, and caused him emotional distress over the ordeal.
According to court documents, Denney, who has a seafood allergy, went to the Maryland Heights restaurant on April 5, 2015, for brunch. Syberg’s had separated its shrimp station from other food offerings, and Denney made sure to avoid that table.
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While in the buffet line, Denney asked a Syberg’s employee if a particular item contained seafood. The employee identified the item as “cheesy hash brown casserole” and said it did not have seafood in it. However, the item was not hash browns, but rather “crab-stuffed cod.”
After eating some of that food, Denney suffered symptoms of an allergic reaction, including chest pains and a swollen throat. He took anti-allergy medication and felt nauseous. Paramedics arrived and treated Denney with additional anti-allergens. Denney declined to go to the hospital and left to go to a friend’s house.
Denney claimed to have had continued symptoms during the drive, and that he passed out and fell after arriving at his friend’s residence. His friend got home a few hours later and took Denney to a hospital.
A St. Louis County jury determined Denney had suffered $50,000 in damages, but that he was 90% at fault. As a result, the presiding judge awarded Denney just $5,000 in damages. Denney appealed, seeking the full $50,000.
On April 11, 2023, the Missouri Court of Appeals upheld the St. Louis County Circuit Court’s ruling and $5,000 in damages.
During the appeals process, Denney told the court he did not inform Syberg’s staff that he had a seafood allergy, and that he didn’t read the buffet menu. In a 1959 case, the Missouri Supreme Court ruled the law recognizes “every person has the duty to exercise ordinary care to so conduct himself as not to injure others, and is liable to one who is harmed by a breach of that duty.”
Denney also could not identify the employee who misinformed him about the cod.
Denney further alleged the paramedics injected him with epinephrine and not Benadryl while treating him at the restaurant. However, one of the paramedics testified and produced medical records in court showing Denney was treated with Benadryl. The court ruled Denney did not provide any expert testimony to support his claim.
Denney also claimed the circuit court unfairly denied his motions to strike several individuals from serving on the jury. The appeals court found he only moved to strike two jurors. Denney said those two individuals were biased because one person said they enjoyed dining there, while another made a joke during voir dire about him being drunk. The appeals court ruled both jurors had not acted with bias and nothing they said during questioning prevented them from serving on the jury.
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JEFFERSON COUNTY, Mo. – Two people are behind bars after a man reportedly attacked a Jefferson County deputy with a screwdriver during an attempted arrest over the weekend.
Prosecutors have charged Nicholas Davis, 47, and Amanda Davis, 45, of Dittmer, Missouri, with felonies in the investigation.
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The alleged attack followed a traffic stop of a driver in the 9500 block of Jones Creek Road on July 7, though the driver was not Nicholas or Amanda.
According to court documents obtained by FOX 2, Nicholas reportedly came out of his nearby home, yelled at a deputy and started approaching him while holding a screwdriver. The deputy initially ordered Nicholas to back away, then used pepper spray.
Per court documents, the deputy attempted to arrest Nicholas, who then struck him in the chest with the screwdriver. Amanda reportedly approached the deputy and pulled him away from Nicholas before both ran inside their home.
The Jefferson County Sheriff’s Office says the situation prompted an hours-long standoff involving negotiators, a SWAT team and a K-9 deputy. The situation led to Nicholas refusing warnings and being bitten by a K-9.
Nicholas and Amanda are both jailed in the Jefferson County Jail without bond. Nicholas is charged with first-degree assault on a special victim and armed criminal action. Amanda is charged with resisting/interfering with arrest.
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ST. LOUIS — The new St. Louis schools superintendent will be officially sworn into office today. Dr. Keisha Scarlett took over the job in July after the retirement of Dr. Kelvin Adams. She was assistant superintendent in the Seattle Public School District. The installation ceremony is at 6:15 p.m. before the regular school board meeting.
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ST. LOUIS — A gasoline tanker truck crashed into a Metro transit center near Riverview and Hall Streets early Tuesday morning and knocked over a power pole. The pole is leaning on other power lines. Police have the area blocked off here because there is a downed power line. Ameren and Metro crews are also on the scene.
The incident happened around 12:30 a.m. It’s still unclear exactly what caused the crash, but we do that there was a second vehicle somehow involved. The airbags on that second vehicle did deploy.
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Police at the scene have not been able to give us a lot of details. Metro officials tell FOX 2 that the transit center here is operating this morning for passengers and buses. Access to certain areas will be limited here as clean up unfolds.
A Metro spokesperson says half of the station isn’t being used right now because of safety issues. It isn’t impacting overall bus operations, everything is just happening on the other side of transit center.
The extent of the damage to the actual transit center is still unclear, but I’m told it does not appear to be extreme. A Metro spokesperson tells me there were no injuries to any metro workers or passengers. The tanker driver also was not injured.
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