Posted on 11/25/2004 7:40:48 AM PST by Libloather
Man ducked from flying shrimp; family sues Benihana saying it caused his death
Family of man who ducked a piece of shrimp tossed by a chef is suing the chain claiming the occurrence eventually lead to the man’s death
BY JENNIFER SINCO KELLEHER
STAFF WRITER
Posted November 24 2004
A sizzling piece of shrimp tossed at a man during dinner at a Long Island Japanese restaurant in 2001 led to his death, his family has claimed in a lawsuit against the Benihana chain.
Jerry Colaitis injured his neck while ducking from the shrimp, which a chef flipped his way during a family dinner to celebrate a son's birthday at the Munsey Park restaurant in January 2001, said Roslyn attorney Andre Ferenzo, who is representing Colaitis' estate.
About 10 months later, Colaitis, 47, of Old Brookville died because of complications from the surgery he needed to correct the pain in his neck, Ferenzo said.
Benihana is known for serving up theatrics with its Japanese fare, cooked table-side teppan yaki style by chefs who deftly chop meats and vegetables, at times flinging pieces into the air to the delight and awe of customers.
Last week, Nassau Supreme Court Justice Roy Mahon denied the defense's motion for partial summary judgment, which would have dismissed aspects of the plaintiff's claim. Ferenzo expects the case to go to trial this summer.
Andrew Kaufman, a Manhattan attorney representing Benihana Inc., said yesterday the company is "disappointed with Justice Mahon's decision at this pre-trial stage." Kaufman declined to answer questions about the restaurant's practices.
(Excerpt) Read more at sun-sentinel.com ...
Sorry, he "knew or should have known" that shrimp would fly his way at the restaurant. Would a baseball fan sue a team for bonking him on the head, if he was seated in the stands where home runs often land?
Oh great. Now whenever I visit a Japanese Steak House I'll have to sign a disclaimer.
Never eat where they juggle the food.......
Flying shrimp! My wife is from Texas, she says they have flying cockroaches. "Duck" for cockroaches & open your mouth for flying shrimp...don't get confused.
"He would not have died if not for his injury," the lawyer said."
Actually, the family lawyer should go after the Colaitis' mother. She gave birth to him. Had it not been for that event....
Time for a safety shield around those Benihana griddles. They also need to develop a series of probability graphs by seating arrangement and body height to hand to diners on the hazards of flying shrimp.
We took our four kids (ages 14-24) to a Tepanyaki at a local Japanese restaurant. It was loads of fun! The chef was outstanding, and was quite a personable guy, too! It's as much acting as cooking.
...incoming!! ...shrimp? :))
I'm waiting to hear from the shrimp's lawyer.
Why is the Doctor or the hospital not named?
Sue GM or Toyota for making the car that took him to the restaurant. Sue the boat company that built the boat that contained the fishermen who caught the shrimp that the man dodged...
Put the shrimp on the witness stand!!! Your honor, we call our next witness, the saute' shrimp....
I guess John Edwards is back in business!
The resurant should invite them back, along with the lawyer, and go Samurai all over them. Perfect example of people who should not be given the opportunity to breed.
Why does this make me think of the Food Network commercial?
Sad. I hope Benihana pays dearly.
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