Celeb Chef Hit With $1.3M Fine for Serving Metal Wire in Dinner
Restaurateur Daniel Boulud must have chocked on his Bordeaux when he heard this news.
A Manhattan jury hit the famed chef’s Midtown restaurant, db Bistro Moderne, with a $1.3 Million slap for serving a diner a piece of wire brush in a $32 plate of coq au vin.
The five-woman, three-man federal court jury awarded $300,000 to retired lawyer Barry Brett Thursday for injuries to his esophagus, then heaped on another $1 Million as a warning to the restaurant and other eateries against using cheap metal brushes to clean dishes.
“In speaking with the jurors afterwards, they were shocked that one of the most famous chefs in the world had no oversight, no polices, no procedures, no nothing which would have prevented this incident from occurring,” said Brett’s attorney Elizabeth Eilender.
“When this jury awarded $1 Million in punitive damages they wanted to send a clear message not only to the Daniel Boulud organization … but also to the entire restaurant industry that it is unacceptable to use wire brushes anywhere near food.”
The French-born chef runs restaurants across the globe including his Michelin-starred namesake Daniel on E. 65th Street.
Brett was dining at the midtown restaurant in February 2015 when he swallowed the one-inch bristle. He nearly died from a resulting infection, Eilender said.
During the four-day trial Eilender presented a version of the Chinese-made wire brush to the jurors. It was purchased for $3 at a local hardware store, even though the Centers for Disease Control had issued a warning in 2012 about using the brushes in commercial kitchens.
“There are no regulations about using a brush on a grill where chicken isn’t even prepared,” the restaurant’s lawyer P.J. Bottarri said in his opening remarks.
Bottari said db Bistro Moderne’s executive chef Kendall Linhart was “shocked” by the award.
“This case is far from over,” Bottari vowed, adding that he will appeal the verdict.
Read Full Article on NYPost.com
Daniel Boulud Hit With $1.3 Million Verdict for Serving Metal Wire in Dinner
Restaurateur Daniel Boulud must have choked on his Bordeaux when he heard this news.
A jury in New York City hit the famed chef’s Midtown restaurant, db Bistro Moderne, with a $1.3 Million slap for serving a diner a piece of wire brush in a $32 plate of coq au vin.
The five woman, three man federal court jury awarded $300,000 to retired lawyer Barry Brett Thursday for injuries to his esophagus, then heaped on another $1 Million as a warning to the restaurant and other eateries against using cheap metal brushes to clean dishes.
“In speaking with the jurors afterward, they were shocked that one of the most famous chefs in the world had no oversight, no polices, no procedures, no nothing which would have prevented this incident from occurring,” said Brett’s attorney Elizabeth Eilender.
“When this jury awarded $1 Million in punitive damages they wanted to send a clear message not only to the Daniel Boulud organization … but also to the entire restaurant industry that it is unacceptable to use wire brushes anywhere near food.”
Brett was dining at the midtown Manhattan restaurant in February 2015 when he swallowed the one-inch bristle. He nearly died from a resulting infection, Eilender said.
The chef and his legal team reportedly plan to appeal the decision.
The story originally appeared on NYPost.com.
Patron Swallows Brush Bristle Lodged in Chicken
Verdict: $1,311,000 / Actual: $1,331,691
Barry J. Brett and Leslie Brett v. 44th Street Restaurant LLC. d/b/a DB Bistro Moderne, No. 15 CV 2921
Court / Judge: Southern District / Edgardo Ramos
Plaintiffs’ Attorney: Elizabeth Eilender, of counsel, and David Jaroslawicz, Jaroslawicz & Jaros
Defense Attorneys: Paul Bottari, Wilson, Elser, Moskowitz, Edelman & Dicker
Facts & Allegations: On Feb. 28, 2015, Barry Brett, 75, unknowingly swallowed a 2.5-centimeter-long metal bristle that was in some chicken that he had been served at a restaurant at 55 W. 44th St. in Manhattan.
He sued the restaurant’s owner, 44th Street Restaurant LLC., alleging his tainted meal violated the Uniform Commercial Code’s warranty of merchant ability, and that 44th Street Restaurant was strictly liable.
Brett’s counsel said the bristle had fallen off of a cleaning brush that had been used in the restaurant’s kitchen. They said the brush was a shoddy utensil that had been purchased at a store that sold hardware and was not intended for use by restaurants. They also said the brush was used near an area where pots and pans were stored, and that the management had not regularly inspected the brush’s condition.
Brett’s counsel further said that the restaurant’s management ignored a relevant warning from the Centers for Disease Control and Prevention, advising that wire-bristle brushes were dangerous because their bristles dislodged regularly.
Defense counsel said that the warning was addressed to doctors, and claimed the brush’s manufacturer had not provided a warning disclosing the hazards. Defense counsel further claimed the brush was not used near where Brett’s meal was prepared. He estimated that 20 feet separated the areas.
Injuries / Damages: After four days had passed, Brett saw a doctor for throat pain. Tests revealed that the bristle was lodged in his esophagus, and that he had developed an abscess and an infection. He immediately had surgery to remove of the object and was hospitalized for five days.
Brett said he cannot easily swallow food and has permanent scars on his neck and throat.
The parties stipulated that Brett’s medical expenses totaled $20,691. Brett sought recovery of that amount, $500,000 for past pain and suffering, and unspecified amount for future pain and suffering, and an unspecified amount for punitive damages. Brett’s wife sought recovery of damages for loss of consortium.
Defense counsel said Brett’s infection and residual effects were caused by his delay in seeking medical attention. The defense’s expert otolaryngologist said the infection would have been averted if Brett had been treated within the 24 hours of swallowing the bristle.
Result: The jury found that 44th Street Restaurant was liable, and that the defective meal constituted a violation of the Uniform Commercial Code’s warranty of merchantability. It also found that Brett failed to mitigate his damages. The jury determined damages totaled $1,511,000, but that Brett’s negligence merited a deduction of $200,000. After that deduction and the addition of the stipulated medical expenses.
Celeb Chef Says He Has No Idea How Metal Wire Ended Up in Chicken Dish
The executive chef at celebrity restaurateur Daniel Boulud’s eatery db Bistro Moderne testified in Manhattan federal court Monday that he had no idea how a surprise ingredient landed in an unfortunate diner’s $32 plate of coq au vin.
“You can’t always see objects in the food,” chef Kendall Linhart said on the witness stand, explaining that he likely served 300 meals on the night in question last year.
Retired lawyer Barry Brett is suing the midtown restaurant saying he swallowed a metal wire from a grill brush that was hidden in his chicken entree.
Plaintiff’s exhibit No. 1 is a Chinese-made wood block wire brush that Brett’s attorney, Elizabeth Eilender, says was purchased on the cheap from a local hardware store, instead of a specialty restaurant supplier.
Brett nearly died from the resulting infection, his lawyer Eilender said in opening statements.
Linhart claimed under cross examination from his attorney that it’s a complete mystery how the wire ended up in Brett’s dish.
Linhart said the coq au vin is cooked in a heavy pan called a rondeau, and not on the cast-iron grill that’s cleaned with the offending wire brush.
“The chicken is not prepared on the cast iron grill?” the restaurant’s lawyer, Paul Bottarri asked.
“That’s correct,” Linhart replied.
Brett’s lawyer suspects the bristle fell into the chicken pan, which was stored near the dish pit area where the cast iron grilled was scrubbed with the faulty wire brush.
Chef Linhart admitted that he “‘never specifically inspected” the brush his staff had picked up at a local hardware store for the requisite National Sanitation Foundation seal.
He also said he didnt know that the federal Center for Disease Control and Prevention issued a warning in 2012 about using wire brushes in food preparation.
The restaurant’s attorney is banking on a technicality to defend the case.
“There are no regulations about using a brush on a grill where chicken isn’t even prepared,” lawyer Paul Bottarri said in his opening remarks. He added that Brett is to blame for the infection because he waited four days to go to the hospital for emergency surgery.
“Common sense would tell you that if he had gone to the hospital on Saturday or Sunday night he would not have had a life threatening infection,” Bottarri argued.