The bereaved parents of a Minnesota teen with a severe dairy allergy who died from eating pancakes are suing the small town diner where he was served them . Cindy Johnson , mother of 16-year-old Scott Johnson , says she asked staff at the Minnesota Nice Cafe in Bemidji if their gluten-free pancakes were also dairy-free during a rare dining-out last June for the teen , who 'd suffered from the deadly allergy since birth . Johnson was assured the pancakes were safe and watched as her son ate two of them , reads the complaint . Three days later , Scott would be dead . Assured they were okay : The bereaved parents of a teen with a severe dairy allergy who died last year after eating dairy-laced pancakes are suing the diner that served them to him . Severely allergic : 16-year-old Scott Johnson of Bemidji had been to the hospital due to dairy exposure before . His family had learned to be very careful about what and where he ate . 'He had just finished and he said `` we have to go now , '' ' Cindy Johnson recalled of the moments after Scott , her second of four children , ingested the fatal breakfast . Scott had suffered allergic reactions before , even from the slightest exposure to dairy . Previous trips to the emergency room had taught his family to be extremely cautious . 'If it wasn ’ t right , we didn ’ t eat until his was right , ' Scott 's father Steve Johnson told WCCO . However , the Johnsons say they were assured by staff at Minnesota Nice that everything would be fine . And it just so happened that Scott had forgotten to bring along his life-saving EpiPen and nebulizer that June day . Cindy rushed her son home . But when they got there , the epinephrine and nebulizer failed to calm Scott 's short-circuiting immune system . ' I was eighteen miles off the highway when I got the call , ' said Steve Johnson , who was two hours away on a construction job when he learned his son was in dire straits . 'Hardest thing for me was I didn ’ t even get to talk to him . ' Special breakfast : The family did n't normally go out to eat , but Scott 's sisters wanted to treat him and their mother one morning last June . Communication failure ? According to the complaint , the Minnesota Nice Cafe staff assured Cindy that her son 's pancakes contained no dairy . Cindy also maintains she told them the grill would have to be cleaned before Scott 's pancakes were cooked on it . Doctors told the Johnsons the dairy exposure had led to anaphylaxis so severe that Scott 's heart had stopped . Three days after the family breakfast , Scott died . Now the grieving mother and father are facing massive medical bills and want the Minnesota Nice Diner to take responsibility . 'Just one mistake can take someone ’ s life , ' Cindy Johnson said . The Minnesota Nice Cafe owners are not commenting publicly on the pending case . As the case moves forward , a benefit has been organized for July at which a raffle and auction will be held to benefit the Johnsons financially . Friends of the family have also set up a GoFundMe page , where donations can be made to help the family offset the cost of medical bills . Tragic : Scott had forgotten his lifesaving EpiPen and nebulizer that day in June when his immune system went haywire at the Minnesota Nice Cafe . Cindy rushed her son home , but when they arrived his EpiPen and nebulizer did n't seem to work . 'Hardest thing for me was I didn ’ t even get to talk to him ' : Steve Johnson was two hours away at a construction job when he learned his son was being airlifted to a Fargo hospital . Three days later , Scott would be dead .
The parents Scott Johnson are suing the Minnesota diner where the 16-year-old ate his deadly last meal . They say they were assured last June by staff at the Minnesota Nice Cafe in Bemidji that the pancakes were free of dairy and the grill would be cleaned . After eating two pancakes , Scott suffered anaphylaxis so severe his heart stopped and he died three days later .