Judge Throws Out Woman’s Shellfish Lawsuit

MINEOLA, N.Y. – Where there are shellfish, expect shells. That was the ruling from a Long Island judge, who recently dismissed a claim by a woman who sued a restaurant for $750,000 after choking on a piece of mussel shell.

Mary Slaymaker said she suffered a punctured throat and an infection after choking on a 1-inch piece of shell during a meal of mussels marinara at the Blue Moon Restaurant in Rockville Centre.

But state Judge John Galasso dismissed the lawsuit, saying Slaymaker should have had a “reasonable expectation” that a dish containing mussels could have shells in it. He also said she failed to prove the dish was “defective.”