Now, this makes for an interesting factual causation case. We often talk about the chain of causation, but this case involves a 9-foot tapeworm of causation. Anthony Franz blames Shaw’s Crab House in 2006 and had salmon salad. He later became violently ill and “passed” the giant tapeworm.
A pathologist determined came from undercooked fish, such as salmon, and Franz immediately fingered Shaw’s.
He is seeking $100,000 from Shaw’s and its parent company, Lettuce Entertain You Enterprises, but the company insists that it is not responsible.
The problem remains the possibility of alternative sources and the lack of evidence in such cases. Attorneys for the company are likely to “grill” Franz on the other possible sources in his diet. He likely has a record of his order at the restaurant, but a nine-foot tapeworm takes time to mature. If the jury decides that the restaurant is the likely source, res ipsa loquitur will take it from there. This is not the type of thing that occurs but for negligence on the part of the restaurant.
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