In a premises liability action against Chipotle, a federal judge in Pennsylvania determined this week that a 74-year-old man's history of heavy alcohol use can be entered into the record in terms of life expectancy.

In a Wednesday decision, U.S. District Judge Gerald Austin McHugh for the Eastern District of Pennsylvania granted in part and denied in part plaintiff John Mackey's request to preclude any introduction of his history of alcohol consumption into evidence. Mackey filed the suit in early 2021, after he claims he tripped on a rope hanging from a barrier to the outdoor seating at the restaurant, leaving him with several injuries—some of which may be permanent, according to his complaint.