A woman who fractured her left ankle during a trip with her husband to the Italian food emporium Eataly in Boston last year is blaming her injury on a piece of ham.
Alice Cohen was heading to an area where food samples are distributed to customers on Oct. 7 when she slipped on a piece of prosciutto and fell, according to a lawsuit filed Friday in Suffolk Superior Court in Boston.
"Alice Cohen sustained bodily injuries, a loss of enjoyment of life, pain and suffering, and incurred necessary medical expenses for medical care and attention," the lawsuit says.
Her medical expenses, including a hospital visit and physical therapy, have resulted in more than $7,500 in bills, according to court papers.
Cohen and her husband Ronald, of Gilford, New Hampshire, are seeking a jury trial and at least $50,000 in damages.
The lawsuit claims Eataly was negligent for not properly cleaning the floor. The lawsuit also claims loss of consortium.
The restaurant "had a duty to ensure that the surface of the floors were free from unnecessary dangers, a duty to use ordinary care to maintain the premises in a reasonably safe condition and a duty to warn of such dangerous conditions," the lawsuit says.
Eataly is a gourmet Italian restaurant and food market with eight locations in the U.S. and eight overseas, according to the company's website. Prosciutto is a type of thinly sliced, cured ham that originated in Italy.
An email seeking comment was left with Eataly's corporate headquarters.
Voicemails seeking comment were left with the Cohens and their attorney.
FDA confirms listeria contamination in ice cream sold in 19 states
Consumers are encouraged to check their freezers as officials confirmed the presence of listeria in ice cream sent to stores.
