GALVESTON – An original answer was submitted into a lawsuit over a shellfish allergy, recent Galveston County District Court records show.

Landry’s Seafood House - San Luis, Inc, and Landry’s, Inc. formally countered allegations from Houston resident Pete. A Herrada on Dec. 6. Herrada sued Landry’s last month on claims his meal caused him to suffer an allergic reaction.

Per Herrada, he ordered crawfish etoufee and fried oysters with instructions for the waiter to make sure the food was free of any shrimp or shrimp residue to no avail.

“The waiter assured him that he would make sure his food did not contain any shrimp,” Herrada’s suit says. “After the plaintiff’s order arrived, he began eating and immediately began having an allergic reaction.”

Herrada’s wife purportedly learned that the waiter forgot to report the plaintiff’s shrimp allergy.

Landry’s argues that it is an improper party to the litigation in that it does not own or operate the premises where Herrada’s ordeal occurred. It additionally argues that the complainant experienced an unavoidable accident.

Attorney R. Edward Perkins of the law firm Sheehy, Ware & Pappas, P.C. in Houston is representing the respondents.

Galveston County 405th District Court Case No. 16-CV-1294

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