A restaurant is not liable to a patron whose left leg was amputated after she contracted a flesh-eating bacteria from eating raw shellfish there, a federal judge in Camden ruled.
Maureen Horan’s suit said the raw clams that made her sick contained acceptable levels of bacteria when harvested and when delivered by a supplier to the Windrift Hotel in Avalon, and therefore the restaurant’s unsanitary conditions were the proximate cause of plaintiff’s injury. But that contention was based on the opinion of an expert, James Oliver. And Oliver’s testimony was not sufficiently tethered to facts or data, U.S. District Judge Renee Bumb ruled in granting summary judgment to the defendant in Horan v. Dilbet.
