Plaintiff ordered the lunch special from Defendant’s Chinese restaurant. The special included shrimp egg foo young, shrimp fried rice, and an egg roll. The Plaintiff is allergic to shrimp. Plaintiff claimed that she requested the shrimp be replaced with chicken. Plaintiff also claimed that she broke open the egg roll and saw no shrimp. A short time later she said her throat began to itch and swell. Plaintiff’s mother-in-law, who is a nurse, suggested that she take Benadryl. Plaintiff soon realized that the Benadryl was not working and went to the emergency room at Roseland Community Hospital. At Roseland she received emergency treatment including epinephrine at a dosage of either 1:1,000 or 1:10,000 depending on interpretation. As a result of Plaintiff’s allergic reaction to the shrimp, she suffered a cardiac arrest and was in a coma for 3 weeks. The emergency room physician reportedly admitted that an epinephrine does of 1:10,000 was an inappropriate order which could have led to cardiac arrhythmia and resultant arrest. The defense argued that the Plaintiff failed to prove she purchased the meal from Defendant’s restaurant, that Plaintiff was negligent in ordering a meal that contained shrimp when she knew she was allergic to shrimp, that she was negligent in trying to change the meal by explaining it to a man who speaks broken English.
Verdict: Not Guilty. Special Interrogatories: Did Defendant sell a shrimp egg roll to Plaintiff? No. Was Defendant negligent in selling a shrimp egg roll to Plaintiff? No. Did Defendant breach an implied warranty on the egg roll sold to Plaintiff? No.
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