Diners who order shellfish, such as mussels, assume the risk of encountering broken pieces of shell, ruled a New York judge who threw out a Long Island woman’s lawsuit against the Blue Moon restaurant in Rockville Centre attempting to recover for injuries arising from her encounter with the allegedly defective plate of mussels marinara. (“Judge Shucks Shellfish Suit”, WCBS, undated, about Jun. 7). More: Lattman, Jun. 12.
Assumption of risk (mollusc dept.)
Diners who order shellfish, such as mussels, assume the risk of encountering broken pieces of shell, ruled a New York judge who threw out a Long Island woman’s lawsuit against the Blue Moon restaurant in Rockville Centre attempting to recover for injuries arising from her encounter with the allegedly defective plate of mussels marinara. (“Judge […]
2 Comments
How many Americans are walking around just praying that something sue-able will happen to them? Remember the old bumpersticker “Please hit me. I need the money”? I am shocked! Shellfish have shells?
This closely follows the 1964 Webster case we posted on last month.
“Judge John Galasso dismissed the lawsuit, saying Slaymaker should have had a “reasonable expectation” that a dish containing mussels could have shells in it.” Unfortunately, I cannot locate a copy of the opinion on-line, but I’ll bet Webster is cited in the decision.