Patron who choked on plastic in crab cakes sues diner

By Jon Campisi | May 27, 2011

A Philadelphia diner is being sued by a former patron who alleges she sustained throat lacerations after choking on a piece of plastic that had been cooked into her meal.

Philadelphia attorney Clark Pease, of the Law Offices of Clark Pease LLC, filed the personal injury lawsuit May 24 at the Philadelphia Court of Common Pleas on behalf of Angela Barone, a guest of the Oregon Diner who accuses the Philadelphia eatery of negligence for failing to properly inspect its food.

Also named as defendants are Potanoula, Inc., Oregon Diner Corp., Ruto Corp., Nick Kolovos and Bill Kolovas, the business’s principals.

According to the complaint, Barone was a guest of the diner’s on Oct. 28, 2010, when she began choking on a piece of plastic that had been cooked into crab cakes she ordered.

At first, the plastic became lodged in Barone’s throat, the suit states, but she was eventually able to vomit out the object, but not before it caused injuries to her throat.

The lawsuit says Barone sustained a 1.5 cm laceration in her throat, an abrasion of the right, inner cheek, a sore throat and throat swelling, oral bleeding, dysphagia, mouth pain and soreness, cheek pain and soreness, gastritis, acid regurgitation, heartburn, sitophobia, odynophagia, insomnia, mental anxiety, anguish and humiliation.

The complaint says Barone had to spend a great deal of money on medical treatment of her injuries, and was prevented from carrying out her daily duties and activities as a result of the accident.

In addition to negligence, the lawsuit contains a second count of strict liability.

For each count listed, Barone is seeking a judgment against the defendants, jointly and/or severally, in an amount not in excess of $50,000, plus interest and court costs.

The non-jury matter is scheduled for an arbitration hearing on Jan. 26, 2012.

The case number is 110502689.

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