Legal Question in Legal Ethics in New York

Mock Food Poisioning Allegation

A proffesor is doing research on how people react in situations. He writes letters to restaurants stating he recieved food poisioning from there. Proffesor notifies them to tell them that it was a research project. he is now being sued by the restaurants.What grounds can he argue in court besides experiment that can help his case ?


Asked on 11/10/03, 5:40 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Mock Food Poisioning Allegation

It depends on what he is being sued for. If the suit is based for liable, a third person failed to see the untrue statement, and as a result, there is no cause of action.

If he is being sued for negligence per se, that the restaurant was damaged by having to pay money to an attorney or having its insurance rates increase because of the letter, he can argue that the damage was deminimus so no action was taken on the letter.

Mike.

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Answered on 11/11/03, 9:56 am


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