For decades, Benihana has advertised itself as the place where hibachi chefs put on a show while preparing Japanese food. In December 2000, furrier Jerry Colaitis went for a birthday celebration at a Munsey Park, NY, Benihana. Colaitis reflexively ducked when the chef tossed a piece of shrimp at him — and, the family says, injured his neck. (Benihana says that Colaitis may have been trying to catch the shrimp in his mouth.) Colaitis had an operation six months later on the neck; but complications from that operation required a second operation two weeks later; according to the family, Colaitis, in his mid-40s, had a blood-borne infection and died from complications from that second surgery.

This is, of course, Benihana’s fault, says plaintiffs’ lawyer Andre Ferenzo, who has sued them for $10 million. A Nassau County judge, Roy Mahon, has held that the question of causation is for a jury to decide, which means the case will go to trial. (Andrew Harris, “Benihana Chef’s Playful Food Toss Blamed for Diner’s Death”, New York Law Journal, Nov. 23).

Update: Fark comments: “You have to admit, of all the ways a Benihana chef could have killed the man–his expert wizardry with knives, his ability to dice raw meat midair, his precise spatularic stylings–he cleverly used a common shrimp. Those ninjas that disguise themselves as Benihana chefs are as cunning as they are evil…”

Another update: By coincidence, the day after this post, the New York Daily News did a story with the same headline. (Helen Peterson, “The flying shrimp of death suit”, Nov. 24; Charles Delafuente, “A Shrimp, A Duck, A Death”, ABA Journal EReport, Dec. 10).

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