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Palsgraf All Over Again:

Coming soon to a Torts exam near you? Here's the AP story:

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. . . .

Thanks to reader Chris Buchanan for the pointer.

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Palsgraf Loses Again:

The jury has ruled in Benihana's favor in the killer shrimp lawsuit:

A Benihana chef may have tossed a hot shrimp at a customer five years ago, but a Nassau jury decided yesterday it's not the restaurant's fault the man wrenched his neck that night and later died.

It took the jury less than two hours to decide that Benihana, a Japanese restaurant chain famous for its theatrical table-side food preparation, was not responsible for the death of Jerry Colaitis, 47, of Old Brookville. . . .

UPDATE: Thanks to Jim Lindgren and Joe Zwers for giving me the correct cite.

Related Posts (on one page):

  1. Palsgraf Loses Again:
  2. Palsgraf All Over Again:
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