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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.

But for the food-flinging incident at the Benihana restaurant in Munsey Park, N.Y., Colaitis would still be alive, attorney Andre Ferenzo asserts.

"They set in motion a sequence of events," he said.

Alleging wrongful death, Colaitis' estate is seeking $10 million in damages.

(no subject)

Date: 2004-11-24 09:41 am (UTC)
From: [identity profile] dolston.livejournal.com
So by the same logic if they would have chosen to go to a different restraunt he would still be a live, too.

(no subject)

Date: 2004-11-24 10:03 am (UTC)
From: [identity profile] missysedai.livejournal.com
They've got to be fucking kidding.

(no subject)

Date: 2004-11-24 12:31 pm (UTC)
From: [identity profile] ryusen.livejournal.com
wow... perhaps... just perhaps, he should have not strained himself?

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