Facts

On Feb. 18, 2006, plaintiff Jessica Rodde contracted a severe parasitic lung infection after ingesting a live, soft shell crab while employed as a waitress at Riptide Restaurant. Plaintiff consumed the live crab at the request of a table of customers. Eating their crabs live had become a common practice at the restaurant. The parasite she contracted is known as paragonimus westermani, and it is of Asian origin. The defendants supplied the crabs to her employer. No third party civil action was brought against Riptide due to workers' compensation exclusivity.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendants are liable both under a theory of strict product liability and negligence. The product at issue was the live crab infected with the parasite. The plaintiff also contended that prevailing on the strict liability cause of action would make the defendants liable for all of plaintiff's injuries, with no Prop 51 set-off for the alleged negligence of Riptide.

DEFENDANT'S CONTENTIONS:
Defendants contended that the fault lay entirely with plaintiff's employer, since it ultimately made the decision to serve the crabs live. The defendants also contended that product liability did not apply since the live crab was not a "product" within the meaning of the law.

Specials in Evidence

$174,761 billed (approximately $40,000 paid by the insurer)

Injuries

Three months after eating the live crabs, the plaintiff developed shortness of breath and bilateral pneumothorax. She was diagnosed with paragonimus westermani, which led to the removal of a portion of the upper lobes of both the right and left lung. She also has scarring on her chest as a result of the surgery.

Result

The case settled for $450,000 ($175,000 from Tsukiji Suisan Company Ltd.; $275,000 from International Marine Products Inc., sued as International Marine of Los Angeles).