A family in Pinellas County, Florida, has filed a lawsuit against a major grocery chain following a severe allergic reaction suffered by their son. On November 22, 2024, Ali Zahrai and Lucy Lopes filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County against Whole Foods Market Group, Inc., alleging negligence that led to their son Darius Zahrai's anaphylactic shock.
The incident that sparked this legal battle occurred on May 7, 2022, when Lucy Lopes ordered a dairy-free pizza from Whole Foods Market in Clearwater, Florida. According to the complaint, Lopes explicitly informed the staff about her son's severe dairy allergy and emphasized the need for strict separation from any dairy products during preparation. Despite assurances from Whole Foods staff that the pizza would be prepared without any contact with dairy ingredients, Darius experienced extreme anaphylactic shock after consuming just three bites of the pizza at home. The plaintiffs claim that upon contacting Whole Foods post-incident, they were informed by a staff member—believed to be the manager—that the pizza was prepared "half dairy-free" and "half dairy," contrary to what was promised.
This alleged breach of duty forms the crux of the lawsuit. The plaintiffs argue that Whole Foods had a responsibility to prepare food safely given their knowledge of Darius's allergy but failed to do so. This negligence allegedly resulted in life-threatening symptoms for Darius, requiring emergency medical intervention and hospitalization at Memorial Countryside Hospital in Safety Harbor, Florida. Beyond physical injuries, Darius is said to suffer ongoing psychological harm due to this incident.
The plaintiffs are seeking damages exceeding $50,000 for medical expenses incurred and anticipated future costs related to Darius's condition. They also demand compensation for pain and suffering endured by Darius both physically and mentally as a result of this traumatic event. The complaint underscores that these damages were incurred without any comparative negligence or assumption of risk on part of Darius or his family.
Representing Ali Zahrai and Lucy Lopes are attorneys William R. Franchi from Franchi Law PLLC based in Tampa, Florida, and John Giardino from Pryor Cashman LLP located in New York City. The case is presided over under Case Number 24-005154-CI within the jurisdictional limits specified by Florida law.