Restaurant Must Stand Trial in Shellfish Injury Suit

Sparse expert medical testimony that a restaurant’s “poor” food handling practices may have contributed to a plaintiff’s infection after consuming three raw clams is still enough to send the case to trial, the District of New Jersey ruled in an unpublished opinion (Horan v. Dilbet, Inc., 2015 BL 274960, D.N.J., 12-cv-2273, unpublished 8/26/15).

Defendant Dilbet, Inc. wasn’t entitled to summary judgment even though plaintiff Maureen Horan suffered from an undiagnosed medical condition, hemochromatosis, that rendered her “highly susceptible to an invasive Vibrio infection and should have avoided consuming raw shellfish,” the U.S. District Court for the District ...