Here's an interesting one that we discussed on the show this morning: A Massachusetts family is suing the restaurant chain Applebee's after a 48-year-old man died from choking on food.

It's not quite that simple, of course. The New York Daily News reports John Kocak was eating at the restaurant three years ago with his father when he excused himself to use the restroom and collapsed after he started choking on his meal.


The plaintiffs argue the restaurant was violating state law because no one on staff at the time of the incident. According to Massachusetts law, it's a requirement to have employees undergo training for possible choking incidents and also to have a device to remove food from a person's airway.

According to the Massachusetts Choke/Saver State Law, at least one employee on each shift must be trained to be able to perform “obstructed airway relief.” Wicked Local reports that training costs approximately $25 per person.

The family is seeking $26,636.69 for medical bills, attorney fees, damages and loss of income. Plus, of course, the ever-popular punitive damages.


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