A Fully Cooked Case?

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A Fully Cooked Case?

Legal Tales Stranger than Fiction:

A Fully Cooked Case?

The estate of a man who died from complications after surgery is suing a Benihana restaurant in Munsey Park, New York, alleging the man’s injuries resulted when he ducked a stir-fried shrimp tossed at him by the chef.  And now, a court has ruled that the case should proceed to trial.

In early 2001, Jerry Colaitus and his family were seated at one of Benihana’s hibachi dinner tables, watching as one of the Japanese restaurant’s chefs sliced, diced, cooked, and playfully tossed their food.  According to the lawyer for Colaitus’s estate, the chef was asked to stop flipping pieces food after he allegedly hit one of Colaitus’s sons with a bit of the meal.  Nevertheless, according to the lawyer, the chef just smiled and continued with his routine.  When the chef allegedly tossed a piece of shrimp toward Colaitus, the man ducked, allegedly injuring two vertebrae in his neck.

Six months later, Colaitus underwent two successive surgeries.  In the months that followed, he developed a high fever and problems with his breathing and memory.  He later died five months after the second surgery, allegedly from complications.  Respiratory and renal failures, as well as a blood-borne infection, were listed as causing Colaitus’s death.

The lawyer for Colaitus’s estate claims Benihana’s is responsible for wrongful death because Colaitus would not have needed surgery if he had not injured his neck at the Japanese restaurant.  The estate is seeking $10 million in damages, including claims for pain and suffering and loss of consortium.

A New York judge ruled in late November that the case may go to trial, concluding that a jury should resolve whether Benihana’s could be held liable for the man’s death.

—Source: New York Law Journal

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