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Man ducked from flying shrimp; family sues Benihana saying it caused his death
Sun-Sentinel ^ | 11/24/04 | JENNIFER SINCO KELLEHER

Posted on 11/25/2004 7:40:48 AM PST by Libloather

Man ducked from flying shrimp; family sues Benihana saying it caused his death

Family of man who ducked a piece of shrimp tossed by a chef is suing the chain claiming the occurrence eventually lead to the man’s death

BY JENNIFER SINCO KELLEHER
STAFF WRITER
Posted November 24 2004

A sizzling piece of shrimp tossed at a man during dinner at a Long Island Japanese restaurant in 2001 led to his death, his family has claimed in a lawsuit against the Benihana chain.

Jerry Colaitis injured his neck while ducking from the shrimp, which a chef flipped his way during a family dinner to celebrate a son's birthday at the Munsey Park restaurant in January 2001, said Roslyn attorney Andre Ferenzo, who is representing Colaitis' estate.

About 10 months later, Colaitis, 47, of Old Brookville died because of complications from the surgery he needed to correct the pain in his neck, Ferenzo said.

Benihana is known for serving up theatrics with its Japanese fare, cooked table-side teppan yaki style by chefs who deftly chop meats and vegetables, at times flinging pieces into the air to the delight and awe of customers.

Last week, Nassau Supreme Court Justice Roy Mahon denied the defense's motion for partial summary judgment, which would have dismissed aspects of the plaintiff's claim. Ferenzo expects the case to go to trial this summer.

Andrew Kaufman, a Manhattan attorney representing Benihana Inc., said yesterday the company is "disappointed with Justice Mahon's decision at this pre-trial stage." Kaufman declined to answer questions about the restaurant's practices.

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: benihana; caused; death; ducked; family; flying; germanyorflorida; his; lawsuit; man; saying; shrimp; sues
Y'all be careful at the Thanksgiving dinner table...
1 posted on 11/25/2004 7:40:48 AM PST by Libloather
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To: Libloather

Sorry, he "knew or should have known" that shrimp would fly his way at the restaurant. Would a baseball fan sue a team for bonking him on the head, if he was seated in the stands where home runs often land?


2 posted on 11/25/2004 7:46:43 AM PST by coloradan (Hence, etc.)
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To: Libloather

Oh great. Now whenever I visit a Japanese Steak House I'll have to sign a disclaimer.


3 posted on 11/25/2004 7:49:24 AM PST by COBOL2Java (If this isn't the End Times it certainly is a reasonable facsimile...)
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To: coloradan
"Would a baseball fan sue a team for bonking him on the head, if he was seated in the stands where home runs often land?"

Is John Edwards a sleazy ambulance-chasing snake?

Short answer: Yes. . .a matter of time.
4 posted on 11/25/2004 7:52:00 AM PST by Gunrunner2
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To: Libloather

Never eat where they juggle the food.......


5 posted on 11/25/2004 7:52:29 AM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Libloather

Flying shrimp! My wife is from Texas, she says they have flying cockroaches. "Duck" for cockroaches & open your mouth for flying shrimp...don't get confused.


6 posted on 11/25/2004 7:53:48 AM PST by sierrahome
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To: Libloather

"He would not have died if not for his injury," the lawyer said."

Actually, the family lawyer should go after the Colaitis' mother. She gave birth to him. Had it not been for that event....


7 posted on 11/25/2004 7:57:38 AM PST by bwteim (bwteim = Begin With The End In Mind)
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To: Libloather

Time for a safety shield around those Benihana griddles. They also need to develop a series of probability graphs by seating arrangement and body height to hand to diners on the hazards of flying shrimp.


8 posted on 11/25/2004 7:59:36 AM PST by TADSLOS (Right Wing Infidel since 1954)
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To: Libloather

We took our four kids (ages 14-24) to a Tepanyaki at a local Japanese restaurant. It was loads of fun! The chef was outstanding, and was quite a personable guy, too! It's as much acting as cooking.


9 posted on 11/25/2004 8:02:13 AM PST by SuziQ (W STILL the President)
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To: Libloather
Why not sue the pediatrician who delivered the guy?
10 posted on 11/25/2004 8:04:22 AM PST by Ben Chad
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To: Libloather

...incoming!! ...shrimp? :))


11 posted on 11/25/2004 8:05:30 AM PST by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :)
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To: Ben Chad

I'm waiting to hear from the shrimp's lawyer.


12 posted on 11/25/2004 8:05:31 AM PST by Wondering in Wyoming
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To: Libloather
Colaitis began to feel pain in his neck ... later went to see a chiropractor... he went to see three neurosurgeons.
Colaitis underwent neck surgery at NYU Medical Center ...a week later, he was back at NYU because of complications,
"By September and October, there was numbness in his arm and stinging in his back," ...On Nov. 21, Colaitis checked into St. Francis Hospital with a 105-degree fever, Ferenzo said, and the following day, he died. The cause of death was sepsis, a severe infection

Why is the Doctor or the hospital not named?

13 posted on 11/25/2004 8:18:00 AM PST by Michael.SF. (Well, Kerry did win the exit polls)
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To: Libloather
Just added to my list:

How to Kill:
#783 Deadly flying shrimp...
14 posted on 11/25/2004 8:27:36 AM PST by ARCADIA (Abuse of power comes as no surprise)
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To: Michael.SF.
Why is the Doctor or the hospital not named?

Sue GM or Toyota for making the car that took him to the restaurant. Sue the boat company that built the boat that contained the fishermen who caught the shrimp that the man dodged...

15 posted on 11/25/2004 8:36:07 AM PST by gg188
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To: Wondering in Wyoming

Put the shrimp on the witness stand!!! Your honor, we call our next witness, the saute' shrimp....


16 posted on 11/25/2004 8:38:39 AM PST by dit_xi
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To: Libloather

I guess John Edwards is back in business!


17 posted on 11/25/2004 8:54:08 AM PST by blteague
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To: Libloather

The resurant should invite them back, along with the lawyer, and go Samurai all over them. Perfect example of people who should not be given the opportunity to breed.


18 posted on 11/25/2004 8:56:58 AM PST by killjoy (My kid is the bomb at Islam Elementary!)
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To: Libloather
Tossing shrimp at people.

Why does this make me think of the Food Network commercial?

19 posted on 11/25/2004 8:58:48 AM PST by Harmless Teddy Bear (I shall follow your advise to the letter...the day I replace my brain with a cauliflower.)
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To: Libloather

Sad. I hope Benihana pays dearly.


20 posted on 11/25/2004 9:01:43 AM PST by new cruelty
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To: Libloather
Here is the perfect lawyer to represent the family, I hear he is out of work at the moment.


21 posted on 11/25/2004 9:22:06 AM PST by AmericanMade1776
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To: Libloather

My daughter had a spatula end up in her lap when it slipped out of the hand of our cook at one of these restaurants. Calling John Edwards!


22 posted on 11/25/2004 9:28:44 AM PST by OrioleFan (Republicans believe every day is July 4th, DemocRATs believe every day is April 15th. - Reagan)
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To: Libloather

this is so bogus. I met Rocky in Houston after he crashed into a car at the balloon fest. Heck of a guy. A great American. In a quirk of life, he was the second gold medalist I met in three days.


23 posted on 11/25/2004 9:30:54 AM PST by Glenn (The two keys to character: 1) Learn how to keep a secret. 2) ...)
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To: AmericanMade1776

Maybe the Breck girl can channel the dead shrimp to say without a doubt that he was flying at the man with terminal velocity, and had he been alive, after being very cruelly seared on that hot torture device he would have finished the job in much shorter than 10 months.

And my final question about the whole shrimp travesty, is where is PETA? Aren't they on this whole "fish have feelings and can feel pain" kick at the moment? C'mon PETA! Wake up and call Eddie! This shrimp madness must stop!


24 posted on 11/25/2004 9:36:41 AM PST by libs_kma (USA: The land of the Free....Because of the Brave!)
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To: COBOL2Java

Funny...the one time, I remember a disclaimer being put in front of my face, was when I thought about Bungee Jumping. Who would of thought that a habachi meal could prove to be as dangerous.


25 posted on 11/25/2004 9:39:55 AM PST by AmericanMade1776
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To: Glenn
I met Rocky in Houston after he crashed into a car at the balloon fest.

I've read the article twice and I can't figure out who Rocky is. Did you post to the wrong thread or am I missing something? (always a good possibilty)

26 posted on 11/25/2004 9:51:48 AM PST by jellybean
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To: jellybean
Did you post to the wrong thread or am I missing something?

Sorry. Rocky is the Olympic Wrestler who founded the company.

27 posted on 11/25/2004 9:54:16 AM PST by Glenn (The two keys to character: 1) Learn how to keep a secret. 2) ...)
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To: Libloather

Great restaurant. I find hard to believe a shrimp could kill a grown guy... especially a cooked shrimp. Was it heavy?


28 posted on 11/25/2004 10:00:43 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Libloather
If very serious tort reform don't happen these four years...
It will NEVER happen... Actually it should happen THIS YEAR.. so the democrats can be further blamed for stopping it.. Next year they might be for it since they cannot stop it.. Course the trial lawyers could have more Rinos in their pockets than we already know about..
29 posted on 11/25/2004 10:08:00 AM PST by hosepipe (This propaganda has been edited to included some fully orbed hyperbole....)
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To: Ben Chad

Pediatricians don't deliver babies.


30 posted on 11/25/2004 10:14:24 AM PST by DLfromthedesert ("Don't be an economic girlie-man" Ah-nuld)
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To: Glenn

Okay, thanks! I understand your comment now :)


31 posted on 11/25/2004 10:24:42 AM PST by jellybean
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To: jellybean
Rocky Aoki. A great American success story.
32 posted on 11/25/2004 10:24:58 AM PST by Ichneumon
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To: Libloather

33 posted on 11/25/2004 11:26:16 AM PST by al baby (she stuned my little beeber)
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To: SuziQ

Used to be a restaurant like that in St. Louis, don't know if there still is...we loved it--! Those chefs are certainly talented.


34 posted on 11/25/2004 11:38:12 AM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Libloather
Watch out. It's a killer.
35 posted on 11/25/2004 12:18:21 PM PST by rcocean
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To: DLfromthedesert

Oops - OBGYN - LOL


36 posted on 11/25/2004 12:48:28 PM PST by Ben Chad
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To: Libloather

Now I know what it means by "that restaurant has food so good it is to die for"


37 posted on 11/25/2004 3:54:29 PM PST by raccoonradio (Raccoon News Channel: Fur and Balanced)
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To: ARCADIA; All

38 posted on 11/25/2004 5:48:23 PM PST by LibertarianInExile (NO BLOOD FOR CHOCOLATE! Get the UN-ignoring, unilateralist Frogs out of Ivory Coast!)
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To: Libloather

This brings new meaning to ridiculous.


39 posted on 11/25/2004 6:14:27 PM PST by Jaded ((Clothes make the man. Naked people have little or no influence on society. - Mark Twain))
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To: coloradan
"Would a baseball fan sue a team for bonking him on the head, if he was seated in the stands where home runs often land?"

If he was a liberal he would.

40 posted on 11/25/2004 6:33:15 PM PST by sweetliberty (Proud member of the Pajama Posse!)
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To: Libloather

The perils of spasmodic torticollis...


41 posted on 11/25/2004 6:56:49 PM PST by Old Professer
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To: Michael.SF.
".....The cause of death was sepsis, a severe infection..."

Am I missing something here? How does a flying shrimp cause sepsis, which is an extreme bacterial infection of the blood?

I am a little familiar with sepsis; my father died from this.

I smell a greedy trial lawyer who will connect any amount of dots in order to convince a jury to pad his bank account.

Of course, the net result is also wealth re-distribution, a major goal of the socialists.

42 posted on 11/25/2004 7:42:23 PM PST by Victor
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To: skinkinthegrass

Sue God for creating life.


43 posted on 11/25/2004 7:48:00 PM PST by Thumper1960 ("It is true that liberty is precious; so precious that it must be carefully rationed."-V.I.Lenin)
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To: Libloather

I'm sure someone in that restaraunt owns or has fired a handgun at one time or another.
This should definitely be listed as another gun-related death.


44 posted on 11/25/2004 7:58:00 PM PST by Fireone (Homeland security is 10,000 rounds of ammo and 10 cords of dry firewood.)
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