Albany Woman Suing For Getting Wrong Pie, Can She Win?

I have never been called for jury duty but if I am I hope I get called for this one. A woman from Upstate New York is suing ShopRite because she received the wrong pie flavor in her box. Can she win? We had a local lawyer way in on the ridiculous lawsuit.

Every once in a while you come across a headline that makes you stop scratch your head. This local story is getting a lot of attention lately and for obvious reasons. A woman from Albany, New York reportedly believed she was purchasing an apple pie from Shoprite but instead received cherry by by mistake. She is now pursuing legal action.

Read More: New York State Woman Sues Grocery Chain Over Mislabeled Pies

The pie was supposedly for her daughter and it made her ill after she ate it. Thankfully, no one was seriously injured. We hear about these lawsuits that seem silly quite often but could they hold up in court?

As absurd as this whole story sounds a local attorney believes that this case may end in a settlement.

"Mislabeling food products can be dangerous and subjects the seller to liability if it results in injury to the consumer.  A common injury resulting from consuming mislabeled food products is allergic reaction or illness.  The damages here are light though. That has some value for pain and suffering but not going to be “worth” that much to a jury or judge.  However, the claim by the mother for feeling of betrayal, that one seems bogus and she’ll likely receive little to no compensation." - Alex Mainetti - Mainetti & Mainetti