The hibachi chef was flinging shrimp around, as seems fairly usual for that kind of restaurant. The deceased, Jerry Colaitis, ducked when one of the shrimp came too close. The estate claims that this act of ducking caused a neck injury to Colaitis, which required surgery. There was a complication with that operation which required a second procedure. In succeeding months, Colaitis developed a high fever and problems with his breathing and memory, apparently due in part to a blood-borne infection. He died in a hospital five months after the second surgery, on Nov. 22, 2001. The plaintiff estate (and surviving relatives that inherit from it) are arguing that "but for" the shrimp being thrown in his direction, the plaintiff would be alive today.
Apparently some tactical error or another has left the plaintiff unable to go after the hospital where the second surgery was performed:
"Neither side has sought to add the doctors or hospital where the surgery occurred, New York University Medical Center, to the case. Colaitis died at St. Francis Hospital in Roslyn."
At least I hope that's it, not some blind reliance on a causal chain that could so easily be broken. I mean, can we say "superceding intervening cause" three times fast?
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