Banipal Enwiya v. Simco Restaurants Inc., Fog Harbor Fish House, A. La Rocca Sea Food Inc., Fanny Bay Oyster Company and Does 1 to 50
Published: Jan. 19, 2013 | Result Date: Nov. 9, 2012 | Filing Date: Jan. 1, 1900 |Case number: CGC-11-514474 Settlement – $50,000
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Alicia Ryan Kennon
(Wood Smith Henning & Berman)
Ari L. Markow
(Manning & Kass, Ellrod, Ramirez LLP)
Facts
On July 31, 2010, Banipal Enwiya ate raw oysters at the Fog Harbor Fish House and became ill.
Enwiya sued the restaurant owner, Simco Restaurants Inc., the restaurant, the seafood distributor, and a harvester of oysters. He alleged that the defendants failed to properly inspect the oysters.
Simco disputed liability, arguing that the Fog Harbor Fish House complied with all safe handling and storage requirements for raw seafood. They further argued that Enwiya was properly warned of the potential inherent hazards associated with the consumption of raw shellfish.
Injuries
Enwiya claimed that he suffered from food poisoning as a result of eating the oysters.
Result
The parties settled for $50,000.
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