Panel Dismisses Claim Over Injury Caused by Fish Bone
A woman's negligence claim against a Manhattan seafood restaurant, brought after she choked on a nearly one-inch fishbone, must be dismissed under the "reasonable expectation" doctrine, a First Department panel ruled Thursday.
June 08, 2017 at 04:04 PM
2 minute read
A woman's negligence claim against a Manhattan seafood restaurant, brought after she choked on a nearly one-inch fishbone, must be dismissed under the “reasonable expectation” doctrine, an appeals court ruled Thursday.
A panel of the Appellate Division, First Department, ruled that Clare Amiano, who in 2012 allegedly choked after taking a few bites of flounder at the Upper East Side's Fulton Restaurant, could have anticipated that the fish bone may be in the fillet.
The ruling in Amiano v Greenwich Vil. Fish Co., Inc., 150361/13, reversed a 2016 decision by Manhattan Supreme Court Justice Manuel Mendez denying the summary judgement motion of defendant Greenwich Village Fish Company, Inc., the owner of Fulton Restaurant.
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