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When a free meal becomes a legal minefield: Lessons from Rivas v. Benny’s Prime Chophouse

11/10/25

By: Joseph T. Tripoli

A recent decision from the Illinois Appellate Court offers a cautionary tale for employers—particularly those in hospitality and food service—about the risks of informal workplace practices and the importance of consistency in litigation strategy. In Rivas v. Benny’s Prime Chophouse, the court affirmed a $5.7 million judgment against a restaurant following the death of a busboy who suffered a fatal allergic reaction after eating a staff-prepared meal containing seafood.

The Incident and Rivas’ Claims

Angel Rivas worked as a busboy at Benny’s Prime Chophouse. After completing his shift and clocking out, he joined other employees for a “family meal,” a free and optional meal made from leftover ingredients. Unaware that the pasta dish contained shellfish, Rivas consumed the food and collapsed from anaphylactic shock. He died shortly afterward.

His wife, Luz Rivas, filed suit individually and on behalf of his estate. She alleged that the restaurant was negligent in its food safety practices, failed to implement adequate allergen protocols and did not warn employees about the presence of seafood in the meal. The claims included survival and wrongful death actions.

On appeal, the restaurant challenged several aspects of the trial court’s ruling, including the finding of negligence, the apportionment of fault, the damages award and the applicability of the Illinois Workers’ Compensation Act (“Act”) to bar Rivas’ claims.

The Appellate Court’s Review of Liability and Apportionment of Fault

The restaurant argued that it had no formal knowledge of Rivas’ allergy and that any knowledge held by coworkers should not be imputed to the business. The appellate court disagreed. It found that the coworker who prepared the meal had known about Rivas’ allergy from a prior job and was acting within the scope of his employment. Because the allergy was relevant to his duties in food preparation, the court concluded that his knowledge could be attributed to the restaurant.

The restaurant also challenged the trial court’s apportionment of fault, asserting that Rivas was more than 50 percent responsible for his own death. The appellate court upheld the trial court’s finding that Rivas was 40 percent at fault. The record included testimony that Rivas had previously declined seafood when warned, had no reason to suspect the unlabeled dish contained shellfish and had experienced only mild reactions in the past. The court found this supported the conclusion that Rivas’ conduct contributed to the incident but did not bar recovery.

The Workers’ Compensation Defense and Litigation Strategy

In the workers’ compensation proceedings, the restaurant denied benefits to the decedent’s family, asserting that his death did not arise out of or occur in the course of his employment. However, in the civil lawsuit, the restaurant took the opposite position, arguing that the Act barred the claim because the injury was work-related and compensable under the Act. The appellate court noted this inconsistency and affirmed the trial court’s rejection of the restaurant’s defense. It found that the meal was optional, served after Rivas had clocked out and not part of his compensation. The risk of injury, consuming seafood was personal to Rivas and not inherent in his job duties.   

Damages and Final Judgment

The trial court awarded over $8 million in damages, including compensation for grief, sorrow, loss of society and economic losses. After reducing the award for contributory fault and adding prejudgment interest, the final judgment totaled approximately $5.7 million. The appellate court found no error in the trial court’s damages calculation or its apportionment among surviving family members.

Considerations for Businesses and Litigation Awareness

This case highlights how courts may view informal workplace practices, such as staff meals, and assess whether reasonable precautions were taken to prevent harm. It also illustrates how knowledge held by employees, even if not formally communicated to management, may be imputed to the employer under agency principles. The decision further reflects how inconsistent positions in workers’ compensation and civil litigation can affect the viability of defenses. These factors may contribute to significant exposure in cases involving workplace injuries or fatalities, particularly in industries with frequent employee interaction or food service operations.

For more information, please contact Joseph T. Tripoli at joseph.tripoli@fmglaw.com or your local FMG attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.