Diner sues Boston Blackie's after allergic reaction

A woman sued the Boston Blackie's restaurant in Naperville Tuesday, claiming she had an allergic reaction to nuts in an ice-cream sundae.

According to the suit, Jennifer Gutierrez said that she was eating at the Boston Blackie's at 916 S. Route 59 almost two years ago, on Dec. 27, 2007, when she ordered a goldbrick sundae. She had asked the waitress if it contained nuts other than peanuts, which she was not allergic to, and was told it did not.

The sundae, however, produced a "severe allergic reaction" that caused Gutierrez "severe and permanent injuries, both internally and externally," according to the complaint. The incident has left Gutierrez "permanently ... prevented from attending to her usual duties and affairs." The suit seeks payment for medical expenses and lost income in excess of $50,000.

Gutierrez's attorney, Alan Mendelson of Chicago, said he could not release her city of residence, insisting it was privileged. He also said he was unaware that Boston Blackie's and its corporate management firm, also named in the suit, had recently filed for bankruptcy protection.