Wyatt died by choking on a piece of food at a barbeque restaurant known as Red, Hot, and Blue (D) in Laredo, Texas. He was eating by himself in a corner of the restaurant when he began choking. None of D’s employees saw Wyatt choking because they were busy preparing food in the kitchen, waiting on other tables, and seating customers. D’s customers were reading menus and talking among themselves, unaware of Wyatt’s predicament. Assume that individuals cannot perform the Heimlich Maneuver on themselves and that, therefore, Wyatt was not able to remove the food from his windpipe. Wyatt’s father (P) has filed a wrongful death lawsuit against D, claiming that his son’s death was the result of D’s negligent failure to post instructions in the restaurant on how to aid a choking victim, in violation of a State law known as the Choke-Saving Methods Act. If the law was passed to protect individuals who eat at restaurants from injury or death due to choking, the court probably will rule against D.
Author: Anonymous
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