Jimmy John's Sued Over Turkey Tom

My wife told me about this the other day, and I'm still shaking my head.  If you, as the customer, are so susceptible to eating either cheese, mayo, or tuna (the linked article doesn't make clear which item triggered the reaction) that you go into anaphylactic shock almost immediately (and spend 3 days in the hospital), why are you not routinely examining your food to insure that it doesn't contain the offending items?

With the usual caveat of internet commentators, many comments on the article ask why the plaintiff couldn't tell the difference between tuna (what he received) and turkey (what he ordered).  As someone who cannot stand tuna fish sandwiches, of any make or style, I can tell the difference; if I was given a tuna fish sandwich after ordering a turkey sandwich, I'd be able to tell.  Also, why wait two years to file the lawsuit?  Finally, given that IANAL, suing Jimmy John's for negligence seems a bit of a stretch; doesn't the plaintiff have to prove that the negligence, on the part of Jimmy John's, put the plaintiff in a reasonable expectation of being harmed; or that harm suffered was directly linked to what the chain did?  Per the plaintiff's attorney, Jimmy John's is contending that the customer should've inspected the sandwich prior to eating it; does this argument hold any weight?  Again, IANAL, just wondering...

HG