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You are here: Home1 / Negligence2 / REASONABLE EXPECTATION DOCTRINE PRECLUDED SUIT AGAINST RESTAURANT FOR CHOKING...
Negligence

REASONABLE EXPECTATION DOCTRINE PRECLUDED SUIT AGAINST RESTAURANT FOR CHOKING ON A ONE INCH FISH BONE.

The First Department, reversing Supreme Court, determined plaintiff’s complaint should have been dismissed. Plaintiff alleged she choked on a fish bone at defendant’s restaurant:

Plaintiff seeks damages for injuries sustained when she choked on a fish bone while eating a fillet of flounder at defendants-appellants’ restaurant. Plaintiff’s negligence claim should have been dismissed pursuant to the “reasonable expectation” doctrine, as the nearly one-inch bone on which plaintiff choked was not a “harmful substance[]” that a consumer “would not ordinarily anticipate” … . Amiano v Greenwich Vil. Fish Co., Inc., 2017 NY Slip Op 04544, 1st Dept 6-8-17

NEGLIGENCE (REASONABLE EXPECTATION DOCTRINE PRECLUDED SUIT AGAINST RESTAURANT FOR CHOKING ON A ONE INCH FISH BONE)/REASONABLE EXPECTATION DOCTRINE (NEGLIGENCE, REASONABLE EXPECTATION DOCTRINE PRECLUDED SUIT AGAINST RESTAURANT FOR CHOKING ON A ONE INCH FISH BONE)

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June 8, 2017
Tags: First Department
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