MINEOLA, N.Y. (AP) – An attorney for the Benihana restaurant chain asked a Long Island jury Wednesday to reject a widow’s claim that her husband’s attempt to duck a piece of flying shrimp caused an injury that led to his death.

The family of Jerry Colaitis, 47, is seeking $10 million in damages from the Japanese steakhouse, claiming it is directly responsible for his death in 2001.

The suit claims the Old Brookville man wrenched his neck ducking a piece of shrimp tossed by a chef at a Benihana restaurant in Munsey Park on Jan. 27, 2001.

Five months later, Colaitis underwent surgery to relieve numbness in his arm. Five months after that, he checked into a hospital with a high fever and died. His family said the fever was a complication of the surgery, which wouldn’t have been necessary if not for the initial injury.

Benihana attorney Charles Connick suggested during his closing arguments to the jury in the civil trial Wednesday that it was inappropriate to hold the restaurant at fault.

“I scratch my head and I wonder, is it conceivable to you?” Connick asked.

Chefs at the restaurant routinely toss ingredients in the air as part of a theatrical, at-your-table presentation of the meal.

Connick said there was no record of the meal demonstration injuring anyone in the past, and no evidence that the chef had purposely tossed food at diners.

“I just don’t think that it makes any sense,” Connick said.

Wednesday afternoon, Andre Ferenzo, the family’s attorney, told jurors that Colaitis was a healthy, active and vibrant individual who skied and played golf and various sports with his children before the incident at the restaurant.

“This man was a rock,” Ferenzo said. “Benihana and only Benihana set in motion the forces … that led to his death.”

Citing the testimony of Benihana chief chef Toro Hasagewa, Ferenzo said that chefs throwing shrimp and other items at customers “had become common” following the release in late 1990s of a Jackie Chan movie. But Hasagewa testified, he said, that it was dangerous to do that.

Ferenzo said there was no effort to stop this activity because “it was good for business.”

The chef who served the Colaitis party was never identified.

The jury was expected to begin deliberations on Thursday.

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