Quote:
Lawsuit Claims Tossed Shrimp Led To Death
Judge Won’t Toss Out Lawsuit
Incident Happened In January 2001
Nov 24, 2004 3:21 pm US/Eastern
MINEOLA, N.Y. (AP) A judge has allowed the family of a Long Island man to proceed with a $10 million lawsuit that claims he died from complications after trying to avoid a hot shrimp tossed by a hibachi chef at a Japanese steakhouse.
The family of Jerry Colaitis, of Old Brookville, said in the lawsuit that Colaitis wrenched his neck when he ducked to avoid the shrimp tossed by the chef at a Benihana restaurant in Munsey Park. It said Colaitis, 47, died from complications caused by neck surgery he required afterward.
Benihana is known for entertaining its customers with its hibachi chefs, who slice, dice and toss food at tableside.
In a decision made public Tuesday, State Supreme Court Justice Roy Mahon refused to throw out the lawsuit, saying the reason for Calaitis' death could only be decided by a jury at trial.
Benihana's lawyer, Andrew Kaufman, had asked the judge to dismiss the claim. He said the restaurant expects to be vindicated.
The incident occurred in January 2001.
According to the Colaitis' attorney, Andre Ferenzo, the family had asked the chef to stop tossing the food when one piece hit their son's arm.
When the shrimp was thrown toward Colaitis, he ducked, wrenching his neck, said Ferenzo. Colaitis went to a chiropractor and three neurosurgeons, and underwent surgery at NYU Medical Center in June, 2001, he said. There were complications and he had numbness in his arm, the lawyer said. On Nov. 21 of that year, Colaitis checked into St. Francis Hospital in Rosyln with a 105-degree fever. He died the next day.
His wife, Jacqueline Colaitis, said in the lawsuit that her husband was healthy until he went to the restaurant. She said the chain of events that led to her husband's death began with the shrimp.
Long Island…hey, a local boy.