A woman is suing Eataly after she says slipped on a piece of prosciutto, broke her ankle, and was left with thousands in medical bills and a loss of consortium.
Alice Cohen, 67, and husband Ronald Cohen, 65, have taken legal action against the restaurant nearly a year after she allegedly slipped on a piece of ham in Boston.
The woman 'sustained bodily injuries, a loss of enjoyment of life, pain and suffering, and incurred necessary medical expenses,' the lawsuit states.
In the suit, the couple's attorney says Ronald suffered loss of consortium - a claim filed by a loved one when another’s injury affects their life and relationship - which can cover everything from housework to sexual relations.
The couple is seeking a jury trial in Suffolk County, Massachusetts, and are looking for at least $50,000 in damages from the popular restaurant chain.
Alice Cohen (left) and husband Ronald Cohen (right) have taken legal action against Eataly a year after she allegedly slipped on a piece of prosciutto and broke her ankle
The couple is seeking $50,000 and a jury trial in their suit against Eataly
Alice reportedly slipped on a piece of prosciutto which was on the floor of the restaurant
The incident happened at the Eataly in the 800 block of Boylston Street.
Cohen was allegedly walking in an area of the restaurant where food samples are distributed on October 7, 2022, when she fell and fractured her ankle.
In the suit filed on August 11, the couple claims the restaurant was negligent for not properly cleaning up the floor, putting Cohen and other customers at risk.
The restaurant 'had a duty to ensure that the surface of the floors were free from unnecessary dangers,' lawyer D. Michael Noonan claims.
The lawsuit states it's Eataly's responsibility 'to use ordinary care to maintain the premises in a reasonably safe condition and a duty to warn of such dangerous conditions.'
As a result of the fall, Cohen had to make a trip to the hospital and underwent physical therapy. The cost of her medical bills has exceeded $7,500.
Additionally, Ronald's claim for loss of consortium factors into the case and the overall request for $50,000 in damages.
In Massachusetts, loss of consortium is allowed if a 'family member suffers a serious injury and this affects your life in a personal way,' according to one law firm.
The claim is available to spouses and children of injured family members who lose 'companionship, assistance, sexual relations, or help with household chores or parenting.'
As a result of the fall, Cohen (right) had to make a trip to the hospital and underwent physical therapy. The cost of her medical bills has exceeded $7,500
The restaurant 'had a duty to ensure that the surface of the floors were free from unnecessary dangers,' lawyer D. Michael Noonan (pictured)
In the suit filed on August 11, the couple claims the restaurant was negligent for not properly cleaning up the floor, putting Cohen and other customers at risk
DailyMail.com reached out to Eataly for comment but officials with the restaurant chain could not be reached for comment.
The company has eight locations in the United States and eight overseas, according to its website.
Noonan and the Cohens also could not be reached for comment Monday afternoon.
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