Where's the negligence? What did they do wrong? They don't have the responsibility to ask every customer for a detailed list of their allergies. Had he said "i'm allergic to almonds and nut products" or something similar, then it would be different.
If they would've known it was an allergy, i'd certainly agree with you RUGreek. But they had NO indication that he was allergic. Just b/c someone wants to place an order without a certain ingredient doesn't mean they're allergic. It could easily mean that they're just picky as hell. Like I am.
Suits such as this are why so many people think the legal system is screwed up. So many people love to bash lawyers and the legal system then as soon as anything happens to them they cry law suit!