$10 Million sought in Shrimp Related Death

Haminal10 · Post by **Haminal10** » 2006-01-12 03:41pm

AP wrote:Family says shrimp caused N.Y. man's death

MINEOLA, N.Y. (AP) -- A shrimp a hibachi chef tossed at a man eating at a Japanese steakhouse ultimately led to the diner's death, his family claims in a $10 million wrongful death lawsuit against the restaurant chain Benihana.

Jerry Colaitis wrenched his neck when he ducked to avoid the shrimp in the chain's Munsey Park restaurant, attorney Andre Ferenzo said in opening statements Wednesday.

Months after the January 2001 incident, the 43-year-old Long Island man died from complications caused by neck surgery he required afterward, the lawyer said.

Benihana lawyer Charles Connick said it was unlikely a chef who works for tips would toss food at customers after being asked not to, as Ferenzo claimed. Even if that happened, Connick added, the cause of Colaitis' death was an infection or neck injury unrelated to the shrimp.

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Benihana chefs mix dining with entertainment as they grill Japanese food in front of patrons. Ferenzo said some of them have become more daring in recent years, but Connick said customers enjoy the experience.

"Some customers, especially dads and sons, want to catch the food," Connick said. "The evidence will show that it was part of the show."

Colaitis, of Old Brookville, underwent neck surgery in June 2001, but there were complications, and he had numbness in his arm, Ferenzo said. He died that November, a day after checking into a hospital with a 105-degree fever.

Personally, I fail to see how the restaurant is more liable than the doctors, but thats just my $.02 .

General Zod · Post by **General Zod** » 2006-01-12 03:44pm

How the fuck do you wrench your neck that hard to cause that much damage when dodging something as relatively harmless as a fucking shrimp?

Post by **Darth Wong** » 2006-01-12 04:01pm

This is why people have to be reminded that causality is not the key factor of liability lawsuits: negligence is. The restaurant was not negligent, even if the actions of one of its employees can be shown to have indirectly led to the man's death.

Azazal · Post by **Azazal** » 2006-01-12 04:43pm

The logic is Benihana is a national chain = deep pockets = sue everyone till they settle out of court for less sum that is less then the cost of their legal defense costs if the won.

If I were the judge, based on what I see here, I would toss the case out as frivolous, or try it, find Benihana not liabile and order the plaintift to pay all court and legal fees.

Molyneux · Post by **Molyneux** » 2006-01-12 06:31pm

Not to mention the fact that, oh, they were in a fucking hibachi restaurant. That is what hibachi chefs DO, they flip the food around and do tricks with it, including tossing it into peoples' mouths. This guy sounds like he was an idiot.

Joe · Post by **Joe** » 2006-01-12 07:04pm

Is it wrong that I really want to eat hibachi shrimp now?

Gil Hamilton · Post by **Gil Hamilton** » 2006-01-12 07:07pm

Joe wrote:Is it wrong that I really want to eat hibachi shrimp now?

It's alot of fun. I'm hungry now too.