Killer Shrimp

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.

Check out the full article at It just gets funnier.

When I mentioned the case to Professor Popper after last night’s class, he replied, “Sounds like an exam question.”

Yours truly,

Mr. X

…beware the flying prawn…

0 thoughts on “Killer Shrimp”

  1. “Experience has shown that, contrary to the expectation of the Dillon majority, and with apology to Bernard Witkin, there are clear judicial days on which a court can foresee forever and thus determine liability but none on which that foresight alone provides a socially and judicially acceptable limit on recovery of damages for that injury.” Thing v. La Chusa, 48 Cal.3d 644, 668 (1989). (emphasis added)

    Yours truly,
    Mr. X

    …study buddy…

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