CBS/AP/ April 14, 2011, 9:11 AM

Olive Garden serves 2-year-old sangria, not OJ

LAKELAND, Fla. - A 2-year-old boy was accidentally served sangria instead of orange juice at a central Florida Olive Garden and was taken to the hospital.

Orlando-based Darden Restaurants says the incident happened on March 31 in Lakeland.

"He was starting to change his behavior. He was climbing out of the high chair, in the high chair, my mom's lap, my lap. And they came over and the waiter took the drink and ran away with it. Basically said 'There's been a mistake, I need to get you a new one,' and scurried off," Jill VanHeest told "The Early Show" Thursday. "And when he came back, I told him, 'You know, I need to know what's in there, in the event that he has any sort of reaction.'"

The restaurant's manager told VanHeest that her son Nikolai had been served sangria. She said Nikolai's eyes had gotten "all big and dilated" after drinking most of the fluid from the sippy cup they served him.

Applebee's accused of serving margarita to toddler

She took her son to the hospital after the incident. He was given fluids and released a couple hours later. He has suffered no lasting effects.

The restaurant chain later released a statement apologizing, saying that it was "an extremely regrettable accident caused by the failure of an employee to follow our strict operating procedures. We took swift, appropriate action. We offer our sincerest apologies to the family of the child and to all of our guests."

But that's not good enough for VanHeest.

"You're endangering my child. You're poisoning him with substances ... that aren't appropriate for him. And, you know, the only thing I get is 'We're sorry. It was a mistake.'"

VanHeest has an attorney but isn't sure whether she'll sue. VanHeest's attorney contacted the news media in Florida this week after reports surfaced that a Michigan Applebee's accidentally served a margarita to another toddler.

22 Comments Add a Comment

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giggles1983 says:: Ok so i noticed a bunch of comments about the color of sangria. Yes most are red but at olive garden there are 3 different types and 1 of them is the exact same color as OJ (tropical sangria). Most kids drinks are prepared behind the bar, juice/milk and such. I've actually seen 1 bartender get the 2 mixed up but luckily it was never served to a guest because other servers were actually paying attention. As a mother though i do believe she should get more then an apology, paying for the hospital bill and such sounds like a good way to start.; reply

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72whitehorses says:: I think the 2 restaurants should give the parent{s} a FREE [yes I said FREE} meal, including dessert! Yes, they admitted it. But a mistake was made. Don't we teach {or we should teach} our children; there is a consequence to their negative actions? Even though the restaurants came forward there should still be a rectification from their 'mistake'. A lawsuit will only be very expensive & messy. still, the restaurants need to be held accountable for their 'mistake'. By giving the parent[s] a FREE meal; the restaurants will have served their consequences. Kinda like a child not just saying "I'm Sorry" but in the end giving a hug, sharing a toy, etc. If more ppl would be held accountable for their mistakes, then there would be less 'mistakes' in this world.; reply

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lesfischer says:: this is stupid !!!!!!! i wonder it the kid want's to go back for more!!!!; reply

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ikizdim says:

Twice in one week I've seen a poster blame a mother for not checking her child's drink in a restaurant. What is up with that? It has never crossed my mind to do that. If we order a specific drink for a child, most people assume that's what we'll get. I never thought I'd have to make sure the glass didn't have alcohol in it. This is not the mother's fault, it's the restaurant's. But, I'm also with the others who say that any damages should be limited to medical bills and maybe a free dinner. This country is just a bit to sue-happy.


juminate replies:: linkicon reporticon emailicon; I was at Olive Garden just the other day with my small child. The one I was at, had Olive garden offical sippy cups that were clear and you can see through them. I am pretty sure you could tell the difference between red and orange. And sangria has a much different odor than oj. When my wife drinks it, I can smell it on the other side of the table.

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jimbom121 says:: They aren't even the same color...and no one noticed?; reply

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mattp919 says:: I don't understand how you could confuse sangria (which is dark RED) and orange juice (which is obviously ORANGE)???? I can see how easily you could make a mistake if the two were the same color but they're not even close.; reply

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meanddyl says:: I'd like to know WHO poured the drink into the sippy cup, because there is a difference in color of sangria and orange juice... Did the parents? If so, blame is equally split here. As a parent, I always checked what my child was served, it's a duty to protect your children. In these times you should always know what is going into your child's mouth.; reply

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frogfanreport says:: Is this really newsworthy? Are we now going to get coverage every morning of each mistake somebody or someone accidently makes? Seriously people, we all make mistakes and I agtree this was not good but it was a mistake, nobody was hurt and they apologized. We don't need to have this mom and kid on the show. Cover something newsworthy and maybe try something on the positive side of the news spectrum. This is why I watch sportscenter or home and garden tv.; reply

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meshine says:: I'm going to go to that Restaurant and order Sangria, if they accidentally bring me orange juice, i,m going to sue.; reply

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bobnjersey says:: [A 2-year-old boy was accidentally served sangria instead of orange juice at a central Florida Olive Garden and was taken to the hospital ... after drinking most of the fluid from the sippy cup they served him.]
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who's drinking sangria from a straw?; reply