Regina Smith v. Benihana National Corp.

In 2010, Decedent became ill while dining at the Benihana restaurant in Memphis, Tennessee; despite being transported to the hospital, Decedent quickly died. Surviving relatives of Decedent thereafter filed suit against the restaurant alleging, inter alia, that the restaurant negligently served Decedent seafood or shellfish in spite of a known allergy. After several years of pretrial disputes, the case eventually proceeded to a jury trial. The jury determined that the restaurant was not liable for the death of Decedent and awarded the plaintiffs no damages. The plaintiffs filed no post-trial motions, but filed a timely notice of appeal to this Court. Discerning no error in the jury’s verdict and concluding that several of the issues raised on appeal are waived, we affirm.