"Mr. Manz's evidence is entirely lacking in regard. The only evidence he puts forward is his personal testimony. He also provides no evidence whatsoever of what the reasonable standard of care for spicy food might be. Without any admissible testimony as to reasonable care or spice level, no jury could conclude that Los Tacos had a duty to warn Mr. Manz."
"Manz had been visiting New York City in August 2024, when he stopped at the restaurant for some food. Manz had never eaten tacos before and wanted to try them. The German tourist purchased three tacos and added a 'hefty portion' of salsa from the salsa bar, with different ingredients and varying spice levels. After taking a bite of one of the tacos, Manz claims he began suffering symptoms."
A German tourist, Faycal Manz, sued Los Tacos No. 1 Taqueria for $100,000, claiming that eating spicy salsa caused him serious physical, emotional, and gastrointestinal injuries during his August 2024 visit to New York City. Manz, who had never eaten tacos before, added a large portion of salsa to his meal and experienced burning sensations, mouth pain, facial redness, and subsequent gastrointestinal distress requiring medication. Despite having a history of colonoscopy and doctor's advice to avoid spicy foods, Manz never informed restaurant staff of his condition. Judge Dale Ho dismissed the case, determining that Manz provided only personal testimony without evidence of reasonable care standards or spice level benchmarks, concluding the restaurant had no legal duty to warn him.
Read at NewsNation
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