Category Archives: Injuries

May 21, 2013 · 5:44 am

Hospitality Industry Legal Risks: Kentucky Motel Owners And Manager Sued For “Negligence” By Woman Injured When Stairway Broke Away From Second-Floor Landing

“… stairway connecting a second-floor landing to a third-floor landing broke away at the lower end while the women were on it…(the plaintiff) states in her Hospitality Industry Injury Lawsuitssuit that the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …she also alleges the owners and manager should have known about the unstable stairwell…”

One of the women injured in a staircase collapse last month at a local motel is suing the business in Madison Circuit Court. Amanda Williams filed the suit May 15, alleging the owners and operators of the Super 7 motel, Richmond Host LLC and Alisha LLC, were negligent in maintaining the property, specifically the “unstable stairwell.”

Williams also is suing Paul Patell, who is listed in the suit as the motel’s local manager. On April 23, two women were injured when a set of exterior stairs collapsed.

Williams and another woman were taken by ambulance to Baptist Health in Richmond, and one of the women later was taken to the University of Kentucky Medical Center, according to a Madison County EMS official.

Williams said she suffered “serious and severe personal injuries” to her spinal cord and legs. She will need prolonged medical attention and may require surgery, according to the lawsuit.

Williams is suing to recover the costs of her medical care, pain and suffering, mental distress, future medical expenses and lost wages.

For more:  http://richmondregister.com/localnews/x508507707/Woman-sues-Super-7-over-staircase-collapse

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May 17, 2013 · 5:46 am

Hospitality Industry Legal Risks: Texas Restaurant Sued For “Negligence” After Patron Drinks Beer Containing “Lye-Like Cleaning Agent”; Seeks $100,000 For Medical Costs And Damages

“…the restaurant had used the lye-like cleaning agent to disinfect the Budweiser keg that morning but had failed to properly rinse the container Hospitality Industry Injury Lawsuitsbefore refilling it with the beer (the plaintiff) would later drink…he is seeking between $50,000 and $100,000 from Red Lobster and the company that cleaned the Dallas location’s beer tap system to cover medical expenses and compensate for his physical pain…”

Though it’s an isolated incident, a man from Panama City, Fla., claims he was on the receiving end of Red Lobster’s worst nightmare when he was scorched with potassium hydroxide — lye — from a Budweiser he drank during a business lunch in Dallas earlier this month. According to The Dallas Observer, Justin Grogg took a sip of his beer and immediately felt his throat, esophagus and stomach starting to burn.

According to Grogg’s lawsuit, he got the attention of the restaurant’s manager, who told him to “drink water and go to the hospital.” The complaint alleges the manager knew that the beer tap system had been cleaned that morning with potassium hydroxide, which is caustic and can cause severe bodily harm if swallowed.

Doctors treated Grogg quickly, but he still experienced “severe pain” and was told he could develop “esophageal strictures, esophageal reflux changes, and/or pharyngeal infection in the future as a result of the ingestion of the potassium hydroxide.”

For more:  http://money.msn.com/now/post.aspx?post=1eb6230e-9215-4124-bd5f-5c9eb5ff49ce

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May 13, 2013 · 6:31 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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May 10, 2013 · 6:44 am

Hospitality Industry Risk Solutions: Hotel Housekeeping Carts Are Now Smaller Leading To Increased Room Security, Less Employee Injuries And Reduction In Amenity And Towel Theft

 ”Items are not exposed to people walking through hallways so theft of amenity items or towels is greatly reduced…there’s a safety issue, too…Housekeeping staff would park the larger carts outside and keep the door open while they cleaned…not so with the Hotel Housekeeping Safety & Securitysmaller version…the guest comes back and sees the door wide open (and would) think anyone can get in the room…”

“Linen closets (are now) situated closer to the rooms for easy access, eliminating the need for the larger carts. The housekeeping staff has been more productive with the smaller carts because they can move around more quickly, he says. They’re also less prone to injury as the larger carts were heavy to push around…”

Big, rolling housekeeping carts are disappearing from many hotel hallways, just like the floral polyester linens they used to carry. Hotels say they’re replacing cumbersome carts with smaller ones sometimes akin to golf caddie bags out? of necessity, in addition to convenience and even appearance.

Among those saying goodbye to the hall-blocking carts: The Staybridge Suites Times Square in New York, The Ritz-Carlton in Charlotte and the Renaissance Charlotte SouthPark Hotel.

Hotel general managers say there are a number of reasons why smaller is better.

  • Hotels don’t use duvets and bulky linens anymore, so there’s no need for large carts, they say. Plus, storage space is at a premium, and smaller carts don’t take up much space.
  • The bags are small enough to take into the room and leave the hallways clear and safe. They also don’t nick the walls of elevators and corridors like the large carts did.
  • But more important, the guests prefer them, says Rich Hotter, general manager of the Staybridge Suites Times Square.

For more:  http://www.usatoday.com/story/hotelcheckin/2013/05/10/hotels-housekeeping-carts/2146993/

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May 6, 2013 · 5:32 am

Hospitality Industry Legal Risks: New Mexico Restaurant Sued By Family Of Man Killed After “Leaving While Intoxicated”; Lawsuit Claims Corporate Policy Of “Driving Up Liquor Sales”

“…The lawsuit says the restaurant’s employees shouldn’t have served Varela the 20-ounce “Brewtus” beers and should have Alcohol Drink Responsiblystopped him from leaving while intoxicated…It also accused Applebee’s corporate leadership of encouraging its restaurants to drive up liquor sales, especially late at night, a policy it says “created a dangerous situation…”

The estate of a man who was struck and killed by a truck filed a lawsuit against the Taos restaurant that served him several 20-ounce beers, saying he was over served before he walked out of the restaurant and into the street where he was killed. The Albuquerque Journal reports Julian Varela, 49, had a blood alcohol level four times the legal limit for driving when he left the Applebee’s Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn’t cited in the incident. The lawsuit names the 17-year-old as a defendant, saying he was negligent.

An attorney for Varela’s estate wouldn’t say where they got the internal emails and records those accusations are based on. The lawsuit references police reports from 2008 to 2011 that list 90 incidents, and the chain’s own log entries of gunshots, fights, assaults and other incidents at the restaurant.

It seeks punitive and other damages.

For more:  http://www.azcentral.com/news/free/20130501new-mexico-applebees-sued-over-drunk-pedestrians-death.html

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April 30, 2013 · 5:54 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued By Guest Who Broke His Nose Walking Into A Glass Door; Claims “Unmarked Electric Glass Door Failed To Open Properly”

“…The (hotel) is accused of failing to keep doors properly functioning for its guest, failing to have doors properly marked for its guest, failing to Hospitality Industry Injury Lawsuitsensure the safety of its guest, failing to comply with the legal and contractual obligations for its guest, failing to act in good faith in paying for the losses of its guest and breaching its fiduciary duties and obligations for its guests…”

An Atlanta, Ga. man is suing a local hotel after he broke his nose when he walked face first into a glass door. Timothy Daniel filed a lawsuit against Clarion Inn & Suites, Choice Hotel International Inc. and their insurer in the Orleans Parish Central District Court on Feb. 15.

Daniel claims that while exiting the hotel building, without any warning signs, he walked into an unmarked electric glass door and broke his nose because the door failed to open properly.

The plaintiff is seeking full and just compensation for his losses caused by the injuries.

For more:  http://louisianarecord.com/news/251299-hotel-guest-sues-over-broken-nose-after-walking-into-glass-door

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April 19, 2013 · 6:49 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchisee Sued By Manager Who Fractured Ankle After Slipping In Puddle Of Water; Seeking Over $50,000 In Damages

“…The suit alleges that (plaintiff) sustained an ankle fracture that required surgery after she slipped on a puddle of water at the KFC restaurant Hospitality Industry Injury Lawsuitsthat she managed…she sustained the ankle fracture, contusions, abrasions, lacerations and nerve damage, as well as trauma, mental upset, anguish and humiliation…”

A case involving a Philadelphia-area fast food manager who claims she broke her ankle after slipping on a puddle of water at her place of employment may have to proceed in federal, not state court, after defense attorneys filed a motion to transfer the litigation. Nicholas J. Renzi, of Adams Renzi Law in Philadelphia, filed a personal injury complaint at the Philadelphia Court of Common Pleas on April 2 on behalf of his client, city resident Benet Moultrie-Long and her husband, Curtis Long.

On that same day, employees with Temple, Texas-based McLane Foodservice Inc. and McLane Company had delivered frozen items to the fast food restaurant, which is located in Conshohocken, Montgomery County.

This week, attorney Jon Michael Dumont, of the Philadelphia firm Rawle & Henderson, filed a petition with the U.S. District Court in Philadelphia seeking to move the litigation to that venue.

The defense lawyers contend that in reading the plaintiff’s lawsuit, it appears damages would exceed the $50,000 jurisdictional limit at the Court of Common Pleas.

For more:  http://pennrecord.com/news/9790-defense-lawyers-petition-to-remove-kfc-injury-case-to-federal-court

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April 1, 2013 · 1:02 am

Hospitality Industry Legal Risks: Arizona Restaurant Settles “Disability Discrimination Lawsuit” For $65,000; Server With Traumatic Brain Injury Was Fired By New Manager

“…(the plaintiff) worked tirelessly to be a good server after suffering a traumatic brain injury. The ADA prohibits EEOCemployers like Outback from firing individuals like John who add so much to the workplace…”

Outback Steakhouse will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC’s lawsuit, EEOC v. OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc., Civil Action No. 2:11-cv-01754-NVW, charged Outback with firing server John Woods days after a new manager took over at Outback’s Phoenix Metrocenter location. According to the EEOC’s suit, John Woods had worked successfully under Outback’s prior manager, but a new manager terminated Woods because of his disability, traumatic brain injury.

Disability discrimination violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court of Arizona after first attempting to reach a pre-litigation settlement through its conciliation process.

After the court denied Outback’s motion for summary judgment, Outback agreed to a 24-month consent decree that requires the company to pay Woods $65,000; revise its policies concerning disability discrimination; train its Arizona managers on the laws prohibiting disability discrimination; and post notices in Arizona Outback Steakhouses regarding employees’ rights under the ADA.

“Managers cannot fire employees because of their mistaken beliefs about what individuals with disabilities can accomplish,” EEOC Phoenix District Director Rayford Irvin said. “We are pleased with the resolution of this case, and we are hopeful that this agreement will help prevent discrimination in the workplace going forward.”

For more:  http://www.natlawreview.com/article/outback-steakhouse-to-pay-65000-to-settle-eeoc-disability-discrimination-lawsuit

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March 27, 2013 · 5:24 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Injuries Sustained By A Handicapped Guest”; Failure To Provide A Ramp Or Safe Access From Parking Lot To Room

“…the (hotel ownership) is accused of failure to provide a safe access/handicap access from the parking lot to the elevated walkway in front of the Hospitality Industry Injury Lawsuitsroom assigned to the (plaintiff)…an unspecified amount is sought for pain and suffering, mental anguish, embarrassment, humiliation, permanent disability, medical expenses and loss of income/ earning capacity…”

A local branch of a national hotel chain is being sued on claims of damages for injuries sustained by a handicapped guest. Anne G. and Timothy Conwell filed a lawsuit against Days Inn Inc., Days Inn Hotel 10020 I-19 Service Road New Orleans, La. and Nguyen, Nguyen & Vu LLC in the Orleans Parish Central District Court on Jan. 22.

The Conwells claim that while registered guest at Days Inn, Anne Conwell, who suffers from a handicap, fell and broke her right arm, ball and socket joint of her right shoulder, struck her head and suffered severe injuries to her hip and back. The suit claims that the fall was a result of the defendant’s parking area not having a handicap ramp or other access from the parking area onto the walkway and entrance to the first floor level rooms.

For more:  http://louisianarecord.com/news/250306-texas-couple-files-suit-against-days-inn-for-damages

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March 24, 2013 · 8:43 am

Hospitality Industry Legal Risks: Illinois Hotel Faces Second Lawsuit For “Emotional Distress” Resulting From Drowning Of Young Boy; “Failure To Maintain Pool By Not Installing Phone And Posting Emergency Numbers”

“…the suit alleges Pheasant Run Resort and Spa, McArdle Ltd., and Oakbrook Hotels and Resorts should be held liable for the emotional distress caused to Carlos Escobar, who was 12 when he saw his stepbrother drown. Both lawsuits argue the resort failed to maintain the pool properly by Hospitality Industry Lawsuitnot posting emergency numbers or installing a phone at the pool…”

A Belvidere teen, who saw a relative drown at the Pheasant Run Resort in St. Charles more than five years ago, has sued the resort and hotel, claiming emotional distress. The suit, filed this month in Kane County court, is the second involving the Dec. 28, 2007, drowning of Javier Gonzalez, 21, of Garden Prairie, Ill.

A wrongful-death suit was filed in 2009 by the mother of the drowning victim. Daniel Murphy, a lawyer representing the plaintiffs in both lawsuits, declined to comment.

The suit also claims the resort was cited by the DuPage County Health Department at least seven times for not having a buoyed safety rope dividing the shallow and deep sections of the pool, and did not have proper lifesaving equipment on the deck.

According to the suit, Gonzalez was playing in the pool with four relatives, ages 12 through 15, when he became distressed and sank face down to the bottom near the drain. There was no lifeguard on duty and the children frantically called for help before going to their parents’ rooms for assistance, the suit states.

A Pheasant Run employee could not locate any rescue equipment, and Gonzalez was underwater for at least five minutes, the suit said. He was eventually pulled from the water, but CPR did not work and he was pronounced dead on arrival at Delnor Hospital in Geneva. Both lawsuits seek more than $50,000 in damages.

For more:  http://www.dailyherald.com/article/20130321/news/703219793/?interstitial=1

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