Facts

The defendant Minx is a "sophisticated" upscale fine-dining restaurant in Glendale, California, "passionate" about the restaurant industry and "dedicated to the craftsmanship of food and wine." Plaintiff Mr. Starks was invited to eat at Minx.

On April 11, 2008, Mr. Starks went to Minx as a guest following a premiere of a film. The party was for approximately 15 - 20 guests and had a set menu, meaning that the food was predetermined to be a fish, chicken, or steak entree. However, when it came time to order, Mr. Starks notified the food server of his allergy to shellfish and Mr. Starks and the defendant food server thought it would be best if he simply ordered the french fries. The french fries were cooked in the same oil as the shellfish and were brought out to Mr. Starks, who ate the french fries.

Almost immediately, Mr. Starks felt his mouth begin to swell. He went to the bathroom to wash up and, according to witnesses, returned to the table with his face swollen and his "eyes bugged out." Starks left the restaurant seeking medical aid.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant breached industry standards of care by cooking the french fries in the same oil as the shellfish after being notified of the food allergy.

DEFENDANT'S CONTENTIONS:
Defendant contended that they did not breach the industry standard because they did not know the severity of plaintiff's allergy and allegedly told him that the fries were cooked "together" with the shellfish. Also, knowing of his allergy, plaintiff was negligent for not carrying an epi-pen which would have immediately relieved his allergic reaction.

Specials in Evidence

130,000 10,000

Damages

Anaphylaxis (disputed) or a severe allergic reaction, 10 days of hospitalization, 4 days of ICU and Coma. Emotional Distress.

Injuries

Plaintiff contends that he went into anaphylactic shock after consuming the french fries. Anaphylactic shock is a sudden and severe allergic reaction that involves the whole body, most notably causing the airways to tighten. After being fed french fries cooked in the same oil as the shellfish, plaintiff's face swelled, his eyes bulged, and he barely got out of the restaurant and to the emergency room. In the ER, he uttered two words, "asthma" and "benadryl" before collapsing, vomiting, and losing his heartbeat. His lungs collapsed bilaterally. He died, then was revived by doctors at Huntington Memorial Hospital. He remained in intensive care in a coma for 4 days after his lungs collapsed. Without anesthesia, doctors inserted chest tubes through both sides of his rib cage in order to re-inflate his lungs and restore his breathing.

Result

Settlement of $400,000

Other Information

Mediation before Troy Roe failed to settle the case. The case was not ready for a mediation. EXPERT TESTIMONY: Plaintiff's expert opined that Minx breached the standard of care. Defendant's experts testified that plaintiff assumed the risk and should have protected himself by carrying medicine, such as an epi-pen.