YAFLT: Woman sues Benihana for $10M for wrongful death of husband **Now with Poll**

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tk149

Diamond Member
Apr 3, 2002
7,253
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404 Proximate Cause not found

In other news, woman and lawyer were buried under 3 tons of shrimp thrown by seafood-loving New Yorkers sick of frivolous lawsuits.
 

pulse8

Lifer
May 3, 2000
20,860
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Originally posted by: geecee
Originally posted by: pulse8
I'm sorry, but if I went to a Benihana I would not expect to have cooked shrip tossed at my head and I would be pissed if it happened. I hate shrimp and don't care to smell like one.
I would expect that the chef does not ordinarily throw food at the customers. As someone already pointed out, he is working for a tip. But he is there to put on a show. Again, if you don't want food flying around, don't go there. Because that's the type of place it is.

Besides, if he choked on a shrimp that he was eating and all Heimlich attempts failed to dislodge what he was eating, would the restaurant be liable for his death as well? Could they be sued for serving jumbo shrimp that were too jumbo?

Food flying around the grill is one thing. The chef THROWING food at you is another. Just because food is flying around doesn't mean that you should expect to have it THROWN at you.

Also, your whole analogy of choking on a piece of shrimp is irrelevant.
 

boyRacer

Lifer
Oct 1, 2001
18,569
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Originally posted by: poopaskoopa
Is this one of those stupidss quasi-Japanese restaurants where asian cooks act like Bruce Lee wannabes and throw sh!t all over the place? If so, I hope she gets the money and close the place down.

I hope otherwise.
 

Injury

Lifer
Jul 19, 2004
13,066
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Originally posted by: pulse8
Originally posted by: geecee
Originally posted by: PoPPeR
as frivilous as this sounds... if
" Ferenzo said the chef "started tossing the food and was flinging cooked shrimp. The first one hit [Colaitis'] son and burned him," Ferenzo said.

The judge's decision says the chef continued to toss shrimp after being asked to stop, "throwing/tossing a piece of shrimp at [Colaitis] towards his head. [Colaitis] moved/jerked his head out of the way, allegedly resulting in injury to his neck."

is true, then there is grounds for a lawsuit.
Ridiculous either way. Anyway, you go to this type of restaurant with the expectation that the chef will put on a show of this nature. If you don't want this type of entertainment, go to a different restaurant.

I'm sorry, but if I went to a Benihana I would not expect to have cooked shrip tossed at my head and I would be pissed if it happened. I hate shrimp and don't care to smell like one.


If you go to a dammed Benihana it's because you are expecting things like that. The one time I went the chef told people "Open wide!" and would get a piece of food from his spatula into their mouth every time. Like damn dolphins at sea world or something. They are there to put on a show, and that's one of the reasons you go there.

In any case, Benihana's may be liable for the medical bills of the neck injury, but the hospital was the one that ultimately produced the cause of death. I question the exact injury he had from this, and whether or not his neck had prior injuries, whether he knew it or not. Moving your head to the side really fast is really pushing it for an injury.
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Let's assume that everything in the article is true.

I would think the fact that the chef was asked to stop tossing food, and didn't, would be in the restaurant's favor with respect to the lawsuit.

Thrown food burns child. Chef asked to stop. Chef doesn't stop. People do not get up and leave when they could have easily removed themselves from an environment they felt was dangerous?
 

geecee

Platinum Member
Jan 14, 2003
2,383
43
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Originally posted by: pulse8
Food flying around the grill is one thing. The chef THROWING food at you is another. Just because food is flying around doesn't mean that you should expect to have it THROWN at you.

Also, your whole analogy of choking on a piece of shrimp is irrelevant.
The point here was the expectation of what you are to receive at Benihana. You are expected to receive food flying around. As I already stated, the chef probably was not intentionally throwing food at the man, either that or was expecting the usual "Open wide!" Sea World (as someone else mentioned here) response. If you do not want this, don't go there. End of problem.

My analogy was unclear yes, but the point was you are going to a restaurant with the expectation that they are going to serve you jumbo shrimp (or some food product). If you choke to death on it, despite the restaurant's best efforts to save your life, the restaurant should not be liable for your death. If you want to eat non-potentially airway threatening food, don't go to a restaurant. Stay at home and use your blender. :)

 

KarenMarie

Elite Member
Sep 20, 2003
14,372
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81
Anyone else find it ironic that a man who makes his living as a FUR trader was killed while trying to dick a dead animal?

;)
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Classic typo, KarenMarie! I won't quote it in case you want to fix it. :D
 

jjones

Lifer
Oct 9, 2001
15,424
2
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Originally posted by: KarenMarie
Anyone else find it ironic that a man who makes his living as a FUR trader was killed while trying to dick a dead animal?

;)
lol, Freudian Slip? Maybe not. :p

 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
Originally posted by: jjones
Originally posted by: KarenMarie
Anyone else find it ironic that a man who makes his living as a FUR trader was killed while trying to dick a dead animal?

;)
lol, Freudian Slip? Maybe not. :p

hahaha!!
Maybe it was a subconscienous thing!!


it should read duck!

:)
 

pulse8

Lifer
May 3, 2000
20,860
1
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Originally posted by: geecee
The point here was the expectation of what you are to receive at Benihana. You are expected to receive food flying around.
And I agree with that. I'm just saying that, at least to me, there isn't an expectation to have food thrown AT you.

As I already stated, the chef probably was not intentionally throwing food at the man, either that or was expecting the usual "Open wide!" Sea World (as someone else mentioned here) response. If you do not want this, don't go there. End of problem.
Or maybe their chefs should use common sense and realize when someone doesn't have their mouth open that they don't want food thrown at them.

My analogy was unclear yes, but the point was you are going to a restaurant with the expectation that they are going to serve you jumbo shrimp (or some food product). If you choke to death on it, despite the restaurant's best efforts to save your life, the restaurant should not be liable for your death. If you want to eat non-potentially airway threatening food, don't go to a restaurant. Stay at home and use your blender. :)

Your analogy still doesn't anything to do with this situation. The reason the person is suing is because if the chef hadn't been throwing food at him (when according to the accounts of the situation he didn't want food thrown at him) he wouldn't have gotten the injury.

When you eat just about anything there's a possibility of choking on it if you do not chew properly. The president choked no a pretzel!

I'm not saying Benihana is the cause of this, but just that maybe their chefs shouldn't be throwing food at people unless it's clear that the customer wants it.
 

TitanDiddly

Guest
Dec 8, 2003
12,696
1
0
Originally posted by: blakeatwork
how much of a puss is this guy if he hurt his neck trying to catch (or even dodge, it's possible) a shrimp...

did he pull some Bruce Lee moves or what?

 

pulse8

Lifer
May 3, 2000
20,860
1
81
Originally posted by: Injury
If you go to a dammed Benihana it's because you are expecting things like that.

I've never been to Benihana, but I wouldn't expect food to be thrown at me. If they were doing the whole dolphin thing and I didn't want to participate, I'm sure it would be clear and at that point the chef should refrain from lobbing seafood at me.
 

Doggiedog

Lifer
Aug 17, 2000
12,780
5
81
Originally posted by: pulse8
Originally posted by: Injury
If you go to a dammed Benihana it's because you are expecting things like that.

I've never been to Benihana, but I wouldn't expect food to be thrown at me. If they were doing the whole dolphin thing and I didn't want to participate, I'm sure it would be clear and at that point the chef should refrain from lobbing seafood at me.

Benihana's is like a cooking show but if you don't want to participate, they would not throw food at you. All the chefs do is twirl their utensils, cut the meat nice and flashy and once in a while flip the food in the air. There is no reason for them to throw food at you.

The guy surely must have known going to a hibachi place is for the show. Why on earth would you spend so much money on mediocre food IMO? He's probably done the dolphin thing before. If he didn't want to do it, I'm sure all he had to do was say no. A chef wouldn't purposely fling food at a customer in a high priced place like that.
 

marcello

Golden Member
Aug 30, 2004
1,141
0
0
Need an option in poll for "All should be castrated viciously.....especially the shrimp"
 

oogabooga

Diamond Member
Jan 14, 2003
7,806
3
81
Originally posted by: KarenMarie
Anyone else find it ironic that a man who makes his living as a FUR trader was killed while trying to dick a dead animal?

;)

:thumbsup: LOL!