Siouxland Strange: Dropping the heat

Siouxland Strange: Dropping the heat

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Jalapeño lawsuit dropped

A woman who said she suffered an allergic reaction after eating food containing jalapeño peppers at a Hard Rock Hotel & Casino Sioux City restaurant has dropped her lawsuit against the casino.

Rochelle McCoy, of Sioux City, dismissed the suit June 8. The one-page document gave no reason for the dismissal.

Her attorney, Theodore Karpuk, of Sioux City, said the issue had been resolved, but he was not permitted to disclose the terms of the resolution.

McCoy had sued the casino on May 4 in Woodbury County District Court, seeking a judgment of more than $10,000 for damages and medical expenses.

In the lawsuit, McCoy said she was dining in one of the casino's restaurants on late May 7 or early May 8, 2018. While ordering, she told staff she was allergic to jalapeños. Despite providing that information, she said, the meat in her meal contained jalapenos and caused her to have a severe allergic reaction after she ate it.

McCoy said in the lawsuit that she had to be hospitalized for swelling, physical distress, shortness of breath, inability to talk and near fainting.

She alleged that Hard Rock failed to disclose the menu item contained jalapeños and that the restaurant staff was negligent by not heeding her warnings and instructions.

Mike Adams, Hard Rock's vice president of operations, did not immediately return a message seeking comment on the dismissal last week. 

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