Burritos Mi Tierra Sued By Customer With Allergy

ROMEOVILLE, IL - It's been 18 months since customer Shirley Chavez visited the Burritos Mi Tierra in Romeoville on North Weber Road, but that experience remains on her mind. Last Friday, Chicago attorney Robert Langendorf filed a negligence lawsuit accusing the Mexican cuisine restaurant on North Weber Road of serving Chavez shellfish even though the case indicates she made it clear she had a shellfish allergy.

The lawsuit calls the restaurant Mi Tierra Burrito, however, the sign on the building in the Romeoville lists it as Burritos Mi Tierra.

Regarding the events of Aug. 17, 2017, "On the date of the accident, plaintiff Shirley Chavez instructed the server working at defendant Mi Tierra Burrito Inc. not to put any shellfish in her food as she had an allergy to shellfish," her lawyer informed Will County's judicial system.

But Chavez's request was ignored, according to her lawyer.

"Defendant Mi Tierra Burrito ... did then and there serve to plaintiff food that contained shellfish despite the plaintiff's warning that she could not safely consume such products. At all times ... Shirley Chavez was in the exercise of ordinary care and caution for their safety."

The lawsuit states that the Mi Tierra Burrito on Weber Road in Romeoville was negligent and careless for "failing to keep and maintain food it sold to someone with a known shellfish allergy in the ordinary course of business free from shellfish" and for "failing to give any warning to plaintiff Shirley Chavez of imminent danger."

As a result of Chavez's consumption of the shellfish, her lawsuit states, "Shirley Chavez ... sustained severe illness and was and will be hindered and prevented from attending to her usual duties and affairs of life and has lost and will lose the value of that time as aforementioned."

Attorney Langendorf has asked Will County's courts to award his client more than $50,000 plus cover the legal costs for having to file the lawsuit against Mi Tierra Burrito.

The lawyers for the Romeoville restaurant have yet to file their legal response in court.

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