Judge grants trial delay in San Jose doctor’s injury claim from Los Gatos eatery’s spicy ‘Dragon Balls’ dish

A San Jose healthcare provider suing a Los Gatos Thai restaurant she accuses of injuring her internally with a too-spicey Dragon Balls appetizer scored a court win this week when a judge reversed an earlier decision refusing to delay the trial Neurologist Harjasleen Walia who sued Coup de Thai in had separated from her lawyer in May and begun representing herself After she obtained a new attorney last month she and the restaurant requested judge Evette Pennypacker to delay the trial start date to March from August The new lawyer Millbrae-based David Shane argued in court filings that Walia needed more time to familiarize him with her event and possibly pursue a settlement via a mediator Late last month Pennypacker rejected the request saying the trial date was known when Shane started representing Walia and that there was ample time before trial to engage in settlement discussions But on Wednesday the judge announced she had reconsidered and granted an even longer delay The trial is to start March Pennypacker ordered She warned the parties in the matter that absent a documented physiological crisis no further extension would be granted Walia s lawsuit claimed she incurred permanent injuries and will forever be damaged by the chicken-meatball dish at the downtown restaurant in wealthy Los Gatos The appetizer burned her vocal cords esophagus and the inside of her right nostril the lawsuit filed in in Santa Clara County Superior Court alleged Walia is seeking unspecified damages plus physiological expenses and compensation for allegedly lost earnings Coup de Thai in an October court filing denied Walia s assertions The trial is expected to take five to seven days A headache and brain-injury specialist at HeadacheAwayMD Brain Spine Center in west San Jose Walia ate at Coup de Thai in July the lawsuit announced She sought her server to have the Dragon Balls advertised as spicy made with less spice because she does not tolerate spicy foods the lawsuit claimed The server notified her the chef would make the dish less spicy the lawsuit alleged After the lawsuit was filed a supervisor at Coup de Thai described this news organization that Dragon Balls cannot be made in a mild version because the chili is inside them and diners requesting Dragon Balls but saying they cannot handle spicy foods are usually prompted to try a different item the supervisor reported Coup de Thai at this moment advertises the dish on its menu for describing it as Spicy chicken ball fried with mint shallot green onion cilantro kaffir lime leaves chili and rice powder served hot Soon after starting to eat the dish Walia felt her entire mouth the roof of her mouth her tongue her throat and her nose burn like fire and she began coughing the lawsuit claimed She started to lose her voice and received a finding of internal chemical burns from chili peppers in the Dragon Balls the lawsuit claimed Related Articles incredible Bay Area things to do this weekend July - Restaurants bars consider turning off music as licensing fees skyrocket After years Siena Bistro is down to its final days Oakland locality pub Seawolf to close It s San Leandro Restaurant Week with all its dinner and drink deals Thai bird s eye chili was the culprit making the dish unfit for human consumption the lawsuit alleged A medical professional at the Washington D C -based National Capital Poison Center advised this news organization earlier that Thai chilis spicier than cayenne peppers but not as hot as habaneros can irritate the mouth and throat and cause nausea and heartburn However commented Dr Kelly Johnson-Arbor the chilis are not associated with permanent tissue damage