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Old 07-12-2016, 06:42 PM
 
29,522 posts, read 22,674,035 times
Reputation: 48244

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Unfortunate for the child.

Parents of child who choked on marshmallow file lawsuit | WPRI 12 Eyewitness News

Quote:
Nearly three months after their daughter choked on a marshmallow at a birthday party and died, the parents of 11-year-old Azriel Estabrooks are suing the hosts of the party.

According to the lawsuit, Estabrooks’ parents are seeking unspecified monetary damages for the death and suffering of their daughter.

The lawsuit was filed in Bristol County Superior Court in Taunton on Monday. Court documents say the hosts, “failed to, in advance of the party, carefully review food choices to assure that nothing dangerous would be available to the young children, specifically, but not limited to, marshmallows.”

The lawsuit also accuses the hosts of taking too long to call 911 when they realized there was a problem.
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Old 07-12-2016, 07:39 PM
 
Location: New Jersey
11,350 posts, read 16,714,274 times
Reputation: 13393
Oh boy, now we need to ban parties.
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Old 07-12-2016, 07:50 PM
 
4,993 posts, read 5,295,317 times
Reputation: 15763
Ridiculous!
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Old 07-12-2016, 08:06 PM
 
18,069 posts, read 18,829,916 times
Reputation: 25191
Not one of those issues where they have to file a lawsuit in order to get the insurance to pay out?

In any case, seems odd if they would have to, and if not, absolutely ridiculous lawsuit and is just plain and simple an attempt at profiting off a death.
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Old 07-12-2016, 08:19 PM
 
Location: Type 0.73 Kardashev
11,110 posts, read 9,821,329 times
Reputation: 40166
In 1984 a man went jogging during a storm. A tree fell on him, rendering him a paraplegic.

He sued the homeowner, eventually settling for over $10 million.

How he's the governor of Texas...

...and he champions laws capping punitive damages.
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Old 07-12-2016, 09:02 PM
 
1,855 posts, read 2,920,043 times
Reputation: 3997
maybe there smore than meets the eye
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Old 07-12-2016, 09:51 PM
 
Location: Pahrump, NV
2,853 posts, read 4,525,026 times
Reputation: 2798
kinda reminds me of those commercials about it's your 1st kid & you're interviewing the potential babysitter, right down to her gpa in high school & by the 2nd or 3rd kid you're handing the child off to anyone insight.
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Old 07-12-2016, 10:06 PM
 
2,288 posts, read 3,240,291 times
Reputation: 7067
I know you can choke on anything, but I never would have thought to ban marshmallows from a 11 year old. They claim the party hosts didn't carefully review the food offered, would marshmallows fall under the danger list? Maybe for 3 year old's.?

Its a sad event, but I don't see what is "sue-able". You don't expect to lose your child at a birthday party, but accidents can happen anywhere.

I wonder how much was raised from the parents gofundme.
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Old 07-12-2016, 10:22 PM
 
Location: State of Transition
102,218 posts, read 107,977,655 times
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Quote:
Originally Posted by breeinmo. View Post
I know you can choke on anything, but I never would have thought to ban marshmallows from a 11 year old. They claim the party hosts didn't carefully review the food offered, would marshmallows fall under the danger list? Maybe for 3 year old's.?

Its a sad event, but I don't see what is "sue-able". You don't expect to lose your child at a birthday party, but accidents can happen anywhere.

I wonder how much was raised from the parents gofundme.
Yeah, how does an 11 yr. old choke on a marshmallow? Was she allergic? The parents didn't say so. Maybe they never taught her to properly chew her food, so she wolfed down a big one without chewing much. Hosts could counter-sue for parental negligence.
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Old 07-12-2016, 10:24 PM
 
Location: Beautiful Upstate NY!
13,814 posts, read 28,507,035 times
Reputation: 7615
It's all fluff.
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