As my Torts exam approaches, it’s good to see that all this proximate cause stuff is useful in the real world:
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.
When I mentioned the case to Professor Popper after last night’s class, he replied, “Sounds like an exam question.”
…beware the flying prawn…