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SOUTHEAST TEXAS RECORD

Saturday, May 18, 2024

Restaurant patron with shellfish allergy sues

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HOUSTON — A restaurant patron with a severe shellfish allergy alleges she was served food cross-contaminated with fish despite notifying them of her allergy. 

Diana Lyles filed a complaint July 3 in Harris County District Court against EL Jimador Grill Inc., doing business as El Jimador Mexican Grill and others alleging negligence and other claims. 

According to Lyles' complaint, she and her family went to eat at El Jimador restaurant on Lake Houston Parkway in Humble on July 18, 2021. She claims she notified the waitress of her severe shellfish allergy and asked for her food to be cooked in a clean area to avoid cross-contamination with seafood. Lyles further claims she even told the waitress in Spanish about her shellfish allergy to avoid any miscommunication. 

She alleges that after taking a few bites of her food, she suffered anaphylaxis and had to be rushed to the hospital where she remained for three days. Lyles claims her food was contaminated with shellfish allergens and that the defendants served the food containing allergens without warnings. 

She further claims she continues to experience physical complications from the reaction and has required surgery, breathing therapy and other medical treatments. 

Lyles seeks monetary relief, interest, trial by jury and all other just relief. She is represented by Jory Lange, Jr., of The Lange Law Firm PLLC in Houston. 

Harris County District Court case number 2023-40823

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