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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 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. Do you believe that Benihana should be liable for the man’s death? Why or why not?

Respuesta :

Based on the information given, Benihana should not be liable for the man’s death because he had an underlying disease.

From the information given, Benihana isn't responsible. The man had a high fever. Also, his autopsy showed septicemia which is blood poisoning. He was as well suffering from gout.

The infection that he had could also have been due to exposure to dead animals which made him have septicemia. It should be noted that his death was not because of the neck wrenching that he had. Therefore, Benihana should not be liable for the man’s death.

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