Tuesday, November 23, 2004

Proximate Cause?

A piece of grilled shrimp flung playfully by a Japanese hibachi chef toward a tableside diner is being blamed for causing the man's death.

Making a proximate-cause argument, the lawyer for the deceased man's estate has alleged that the man's reflexive response -- to duck away from the flying food -- caused a neck injury that required surgery.

Complications from that first operation necessitated a second procedure. Five months later, Jerry Colaitis of Old Brookville, N.Y., was dead of an illness that his family claims was proximately caused by the injury.

1 comment:

Anonymous said...

Heck what about assumption of risk (except of course they asked the chef to stop). It's morons like this that will close Benihanas for the rest of us. Stay home I say! Celebrate your kid's birthday eating mashed potatoes in front of the TV.