FORT WORTH, TX (Gray News) - A woman in Texas is asking for damages up to $1 million in a lawsuit against Olive Garden because the restaurant allegedly didn’t tell her an appetizer she ordered was extremely hot.
Danny Howard filed a lawsuit March 8 in Tarrant County District Court claiming an Olive Garden in the Texas county was negligent for serving her hot stuffed mushrooms, KDFW reports.
The lawsuit claims the restaurant failed to properly handle, inspect and prepare the food.
“The stuffed mushrooms in question were defective and unsafe for their intended purposes at the time,” read the court filing in part, according to KTVT.
When Howard ordered the stuffed mushroom appetizer on August 11, 2017, she says she received no warning the food was "particularly hot or carried the risk to cause severe burns.”
The lawsuit claims Howard took one bite of a stuffed mushroom, which immediately burned her mouth. The hot mushroom then allegedly got stuck in Howard’s throat, and she began to choke.
Unable to speak or breathe, Howard said in the court filing she “frantically shuffled through the restaurant in need of help,” KTVT reports. She eventually vomited at a kitchen station and was able to dislodge the mushroom.
Howard drove home, but after checking her mouth, she decided she needed to see a doctor, according to KDFW. She was driving herself there when she says her throat began to swell and close, causing her to again have trouble breathing.
The lawsuit says Howard called 911, “believing she was about to suffocate and that death was imminent.” She was taken to a hospital then flown to the burn unit at Parkland Hospital in Dallas.
Howard is asking for between $200,000 and $1 million in damages.