Monday, December 27, 2010

Danville man's 'exploding' escargot negligence lawsuit dismissed

Plate of escargot with tongs and fork, taken i...Image via Wikipedia
Two men who claimed they were scalded by "exploding" escargot at a San Rafael restaurant have been served a court ruling nearly as scathing.

Judge Roy Chernus dismissed "with prejudice" a negligence lawsuit filed by Chadwick St.-OHarra and Steve Righetti, who claimed their snails ruptured at Seafood Peddler last June, splattering their faces and shirts with hot garlic butter.

St.-OHarra also accused restaurant staff of "indifference" and "friggin' rudeness" in the immediate aftermath.
After the restaurant's insurer rejected their claim, the men sued for a $7,500 judgment for alleged negligence, pain and suffering. The defendants were Richard Mayfield and Manuel Camacho, two supervisors at the restaurant.

Chernus heard the case in a small claims trial on Dec. 3 and mailed his decision to the defendants this week. The two-page decision, laced with legal precedent and Latin jargon, said St.-OHarra and Righetti failed to meet their burden of proof.

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