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Case Between the Customer vs Benihana Restaurant

Case Between the Customer vs Benihana Restaurant

In January 2001 a New York man attended a family birthday party at a Benihana restaurant, where chefs, while cooking at the table, routinely throw pieces of food for diners to catch with their mouths. The New York man wrenched his neck while ducking a piece of flying shrimp, requiring treatment by several doctors. By that summer, doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died. The family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery, which in turn was the result of the chef’s actions in throwing food at diners.

Read this article discussing the outcome of the case: http://www.nbcnews.com/id/11245302/ns/us_news-weird_news/t/jury-tosses-flying-shrimp-death-claim/#.XOcQi7h7k2w (Links to an external site.).

Analyze negligence in this case by answering the following questions:

  1. What duties do both parties (Benihana and the customer) have in this situation?
  2. Explain whether the parties breached their duties and why or why not.
  3. Explain causation (actual cause and proximate cause) in this case.
  4. What damages would be claimed in this type of case?
  5. Discuss any defenses that might be available to both parties.
  6. Do you believe that Benihana should be liable for the man’s death? Why or why not?

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