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Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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Proving Intentional Infliction of Emotional Distress — Some Cases Speak for Themselves

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From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008):

Plaintiffs have brought this suit against Defendant T.G.I. Friday's ("Defendant" or "the Restaurant"), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse carcass in her mashed potatoes. ***

The Complaint does plead negligence—namely, negligence in failing to "refrain from serving a dead mouse to its business patrons" (Compl. p. 3, P 17), and negligent hiring / supervision of employees (Compl. p. 4)—but not negligent infliction of emotional distress. Moreover, both Plaintiffs testified unequivocally that they believe the mouse was intentionally placed in Plaintiff Wasmanski's potatoes:

Q: . . . you've suggested that it is your opinion that someone did it intentionally; correct?

[Wasmanski]: I will definitely say yes . . .

Q: Tell me what your opinion is based on.

[Wasmanski]: My opinion is based on the way that the mouse was laid, it almost seemed gently and intentionally upon the potatoes and covered gently like a blanket with the cheese. . . . It seemed very specifically laid there.

(Wasmanski Dep. p. 54-55)

Q: Can you tell me the facts you have from a firsthand perspective about someone intentionally placing some item in Ann's food on November 11, 2005?

[Wojenski]: Well, the dead mouse was placed dead center on top of the mashed potatoes, not mixed in, placed on top of the mashed potatoes and then covered with cheese. . . . It was dried out but it was not mashed up into the potatoes, because it was too intact. That's why I believe it was intentionally placed in there. If it had gone through the mixer, no way.

(Wojenski Dep. p. 40, 50)

Defense motion for summary judgment denied.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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