ST. LOUIS — A St. Louis man is suing a bar and grill, citing alleged breach of implied warranty.

Phillip "Gus" Wagner filed a complaint in the St. Louis 22nd Judicial Circuit Court against Michael's Place Inc., doing business as Michael's Bar & Grill, alleging that the defendant misrepresented a menu item to be gluten-free when was not.

According to the complaint, the plaintiff alleges that on March 5, 2016, he was at Michael's Bar & Grill when he was served food that was unwholesome and was not fit for human consumption. It allegedly triggered an allergic anaphylactic shock reaction, resulting in severe and permanent injuries. 

The plaintiff holds as Michael's Bar & Grill responsible because the defendant allegedly failed to ascertain whether the menu item or any of the ingredients contained gluten, failed to warn the plaintiff of the presence or possibility of gluten in the food and prepared the menu item in such a way for it to become heavily contaminated with gluten despite representation to the contrary.

The plaintiff requests a trial by jury and seeks judgment in a sum in excess of $50,000 to compensate for damages, plus costs of suit, and any other further relief the Court deems just and proper. He is represented by Christine E. Anderson and Fritz G. Faerber of Faerber & Anderson, PC in St. Louis.

St. Louis 22nd Judicial Circuit Court case number 1722-CC01604

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St. Louis 22nd Judicial Circuit Court
10 North Tucker Boulevard
St. Louis, MO 63101

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