Michigan Woman Loses Appeal Over Voice Damage From Jimmy John's Sandwich

COMSTOCK PARK, Mich. (CBS DETROIT/ AP) — A woman has failed to persuade the Michigan appeals court to reinstate her lawsuit over voice damage.

Lindsey Bresnahan says a Jimmy John's sandwich damaged her ability to speak because of a food allergy. The impact was severe: She had to undergo speech therapy to regain full use of her voice.

Bresnahan didn't want Dijon mustard on her sandwich, but the mustard was mistakenly used. She believes she's allergic to horseradish in the mustard.

A Kent County judge who said the Jimmy John's franchise in Comstock Park isn't liable, even if staff made a mistake. The court says employees weren't told Bresnahan was allergic and the reaction was "not foreseeable." The appeals court agreed with the Kent County judge.

The court says it's unreasonable to require restaurants to treat menu modifications as a "possible severe food allergy."

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