Estate Stretches Proximate Cause Doctrine

The estate of Jerry Colaitis (Upper Brookville, NY) is in the process of suing Benihana, a Japanese restaurant, claiming that the negligence of one of its employees lead to Jerry’s ultimate death.

To make this claim, the estate is stretching the doctrine of proximate cause to its limits.  Here is the sequence of events:

• Jerry visits Benihana for dinner to celebrate his birthday.  Little did he know, it would his last.
• The table-side hibachi chef tosses a piece of hot shrimp in Jerry’s direction.
• Jerry dodges the oncoming shrimp by moving his head.
• Jerry’s neck hurt thereafter, allegedly from the force he used when he moved his head to avoid the shrimp.
• The doctor determined that Jerry needed surgery (spinal fusion and a bone graft) to fix his neck.
• As a result of the surgery, Jerry was infected.
• Jerry underwent another surgery.
• Jerry died because of the infection, 10 months after his Benihana dinner.

See Andrew Harris, Estates Tries to Link Benihana Incident to Diner’s Death, N.Y. L.J., Jan. 13, 2006.

Special thanks to Prof. Peter Henning for bringing the case to my attention.