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Man's death at restaurant prompts lawsuit


Posted on behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Dec 05, 2014 in Wrongful Death

The Applebee's restaurant chain has locations throughout the nation including in the state of Connecticut. In most cases when people go to the restaurant for a meal it is to take a break and enjoy themselves over dinner. Often that is exactly the experience they get. The visit was anything but enjoyable for a father and son who visited one of the restaurants in another state, however. 

The father and son were dining at the restaurant in December 2011 when the son left the table to use the restroom. After he failed to return his father went to the rest room where he found his 48-year-old son unresponsive on the floor. At the request of the father an assistant manager called 911 and emergency workers took a piece of food from the younger man's throat before taking him to a hospital. There, he sadly died several days later. He suffered a brain injury.

Recently the father of the deceased man filed a lawsuit against the restaurant seeking at least $26,000. In it, he alleges that both reckless gross and wanton negligence as well as infliction of pain and suffering.

More specifically the man claims that the assistant manager incorrectly communicated his son's condition describing him as having passed out and not mentioning anything about the lack of pulse or breathing. He also asserts that the workers at the restaurant were not trained to deal with choking incident. Nor was there a special device available to help clear food blockages. The lawsuit indicates that both are required by law in state where the incident occurred.

The loss of a close family member in a manner such as this is devastating. While anything recovered can never bring the man's son back, it could provide a sense of closure.

Source: MassLive, "Lawsuit filed against Applebee's restaurant chain claims wrongful death of Greenfield patron who choked on food," Stephanie Barry, Dec. 4, 2014