A 75-year-old disabled military veteran has filed a lawsuit against a well-known pizza chain, alleging intentional infliction of emotional distress and violations of the Americans with Disabilities Act. Richard Delorto, representing himself pro se, filed the complaint in the United States District Court for the Northern District of Illinois on September 26, 2024, targeting Mike Archer, CEO of Lou Malnati’s Pizza.
The case stems from an incident on September 21, 2023, when Delorto ordered a pizza through Door Dash from Lou Malnati’s Pizza located at 1407 Palatine Road in Hoffman Estates, Illinois. The order was supposed to include extra anchovies but arrived with only one or two anchovies per slice. Upon contacting the store to address this issue, Delorto spoke with the manager on duty, identified as Brandon. According to Delorto's account in the complaint, Brandon responded arrogantly and refused to deliver additional anchovies to Delorto's home despite being informed about his disability and mobility challenges.
Delorto claims that Brandon's dismissive attitude forced him to drive to the store himself using his four-wheel walker. Upon arrival at the store, he had difficulty accessing it due to a lack of handicapped-accessible ramps. After retrieving the anchovies from Brandon without charge, Delorto left feeling humiliated and upset. He later experienced severe emotional distress manifesting as vomiting and an inability to eat.
In his lawsuit, Delorto accuses Lou Malnati’s Pizza of extreme and outrageous conduct intended to cause emotional distress or with knowledge that such distress was likely. He also asserts that this incident triggered his PTSD symptoms related to his military service. Additionally, he alleges violations of both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 due to discrimination based on his disability status.
Delorto seeks over $250,000 in punitive damages along with costs and interest associated with the suit. He is also requesting a jury trial for this case.
The legal proceedings are presided over by Judge Martha M. Pacold and Magistrate Judge Beth W. Jantz under Case ID: 1:24-cv-09014.