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Somerset woman suing Fall River restaurant after alleged incident concerning food allergies



A Somerset woman has filed a lawsuit against a popular restaurant chain located in Fall River.

According to the complaint, Kristen Russell has an allergy to gluten that substantially affects her ability to eat and also affects her respiratory and circulatory system. She must avoid consuming foods that contain gluten to prevent an allergic reaction or will suffer adverse health consequences if she ingests gluten, including but not limited to abdominal pain and cramping, diarrhea, hives, vomiting, nausea, difficulty breathing and possibly death.

The complaint alleges that on May 28, 2022, Russell entered the Chipotle restaurant located at 575 Newton Street in Fall River as she had done several times before. Russell proceeded to the counter to order her meal. She informed the staff member at the counter that she had an allergy to gluten.

Russell stated that she was familiar with the menu as she had eaten there several times before. She knew that the only menu item that she could not safely consume was the flour tortilla. She also knew that in the past, when she told a staff member of her allergy, they would implement their allergy procedures by wiping the counter, washing their hands, and changing their gloves.

Russell alleges that immediately, the staff member told her that there was nothing on the menu that she could have. She said that she knew that she could eat anything on the menu except for the tortilla and that if the staff implemented their simple allergen procedures, she could eat anything else on the menu.

Instead of following their allergy procedures, the staff member allegedly continued arguing with Russell. She told the staff member to check the Chipotle website as it would indicate that the only gluten-containing item on the menu was the tortilla.

The staff member reportedly called the manager over and said, “This is the lady with gluten.” Russell’s account states that the manager wrongly stated that everything on the menu was “filled with gluten,” even though Chipotle’s website indicates that only the flour tortillas contain gluten.

Russell says that she explained that she had eaten at Chipotle successfully many times so long as the staff changed their gloves.

The complaint states that the manager refused to instigate the allergy protocol and insisted that there was nothing safe on the menu. The manager then proceeded to tell Russell to leave the restaurant and refused to serve her.

According to Russell, later, she sent an email on the Chipotle customer service website explaining what had happened to her. A Customer Care Coordinator apologized for the incident and offered to give her a buy-one-get-one-free credit towards her next purchase.

The complaint alleges that the denial of service was motivated and caused by the restaurant’s discriminatory animus against Russell because she has food allergies, and the incident caused her distress and humiliation.

Russell’s attorney is requesting punitive and compensatory damages.



  1. Fed Up

    July 19, 2023 at 7:09 pm

    Karen filing a frivolous lawsuit. I could see if they gave her gluten after she advised them but sounds like they just didn’t want to deal with her.

    • Donna

      July 20, 2023 at 10:49 am

      How dare you? Do you live with gluten? Do you know the repercussions of gluten! Well I do! There is nothing frivolous about this, let alone the disrespect for having a food allergy out of her control! It’s idiots like you that can cause someone else’s death!

  2. HuntersCrackPipe

    July 19, 2023 at 7:25 pm

    Snowflake, a lawsuit, really?

  3. RedPilled

    July 19, 2023 at 7:36 pm

    Food allergies and lawsuits against local restaurants are now news worthy. Must be a slow news day

  4. Free money Merica

    July 19, 2023 at 11:05 pm

    Let me get some money because they refused to serve me something I can’t eat.

  5. Nah

    July 19, 2023 at 11:33 pm

    Lol discrimination against allergies. As a business owner anyone can deny anyone service. Get off your high horse. People are so sue happy these days. Go make your own burrito, make sure your allergies are good and save your money.

  6. YourDumb

    July 19, 2023 at 11:34 pm

    Lol discrimination against allergies. As a business owner anyone can deny anyone service. Get off your high horse. People are so sue happy these days. Go make your own burrito, make sure your allergies are good and save your money.

    • Donna

      July 20, 2023 at 10:50 am

      You’re the dumb one! No clue, no education!

  7. Duarte Cabral

    July 20, 2023 at 8:02 am

    Just another person trying to make money. As I see it, they made sure that she would be safe by not eating what they thought had gluten. They offered her a buy one fat one free next time. What exactly are the damages? She didn’t get sick, it didn’t harm her and she got none of the allergy symptoms. They actually made sure she wouldn’t get sick by not serving her. Bravo to the resty.


    July 20, 2023 at 8:21 am

    Why can’t people put themselves in the shoes of others.
    This poor woman was treated poorly by ignorant and lazy workers.
    They just didn’t want to be bothered to take precautions.
    They should be fired and Chipotle do more than offer 50% off her next meal.
    This woman has a handicap. Imagine having to be so cautious about everything
    you consume prepared by strangers.
    There is so very little compassion or kindness in the world lately.

    • HuntersCrackPipe

      July 20, 2023 at 12:09 pm

      Ever try saving the world? Ask Jesus about it. Met by betrayal after betrayal. Just because you were treated in a manner you don’t like, file a lawsuit? You are calling for others to be kind? What about “they” Kristen Russell showing some kindness instead of reacting so angrily with a frivolous lawsuit? Go wrap hour lanky weakling arms around a Prius!

  9. Donna

    July 20, 2023 at 10:52 am

    I hope this lady sues them dry! Too much prejudice when it comes to people who are legitimately sick, no fault of their own!

    • HuntersCrackPipe

      July 20, 2023 at 6:11 pm

      Apparently you are having a difficult time comprehending what the story is conveying. No one got sick. Maybe some are sick mentally but no food or gluten was served to this person. You are the problem with today’s society as you’d like to see a business bankrupted because of an Ultra Mega KAREN…

  10. Tonto

    July 20, 2023 at 7:36 pm

    Wouldn’t it be easier to just change their gloves for the Lady. I think that’s called customer service. There’s way too much ignorance out there, they are among us.

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