Tag Archives: Death

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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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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Hospitality Industry Legal Risks: Family Of Man Who Died At “After-Hours Party” Files “Wrongful Death” Lawsuit Against Washington Restaurant; Victim Was “Over-Served” Alcohol, Did Not Receive Assistance

“…The injury occurred during an after-hours party hosted by the establishment’s general manager, who allegedly gave Lee liquor and marijuana…(the lawsuit alleges) that the restaurant broke the law by hosting an Alcohol Drink Responsiblyafter-hours party and put Patrick Lee in danger by over-serving him liquor, then failing to summon assistance when he was injured…”

The father of a man who died after allegedly falling and hitting his head during a party at a Puyallup restaurant has filed a wrongful-death lawsuit against the business. Attorneys for David Lee filed the lawsuit on his behalf this month in Pierce County Superior Court.

Lee is the father of Patrick Lee and the representative of the younger man’s estate. He seeks unspecified damages from Mis Tres Amigos, a family-owned Mexican restaurant with locations in Puyallup and Lakewood.

Patrick Lee, 22, died in November 2010 allegedly after becoming extremely intoxicated at the restaurant, the lawsuit states.

Instead of summoning help for Lee, the general manager and one of Lee’s friends “left him in a booth and continued to party,” the lawsuit alleges.

Lee was found the next morning unresponsive and having difficulty breathing. The general manager and Lee’s friend took him to Good Samaritan Hospital in Puyallup. He eventually was transferred to Harborview Medical Center in Seattle, where he was declared brain dead and removed from life support.

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Hospitality Industry Legal Risks: North Carolina Restaurant Ordered To Pay $1.7 Million To Parents Of “Unborn Child” Killed By Man In Alcohol-Related Head-On Collision

 ”…attorneys say Huffman had been drinking at Eddie’s Place, and that his blood alcohol content was 0.23, nearly three times the legal limit in North Carolina…”

A jury has awarded a Charlotte couple $1.7 million in a lawsuit against a local restaurant in connection with a head-on collision that killed the couple’s unborn son.

Attorneys for Matt and Meredith Eastridge say 25-year-old David Canter Huffman was speeding in his Volvo on Oct. 29, 2010, when the car crossed the center line and hit Matt Eastridge’s Toyota RAV4.

Police say Huffman died in the crash, as did the Eastridges’ unborn son. Meredith Eastridge was a front-seat passenger and was six months pregnant.

For more:  http://www.therepublic.com/view/story/106eccfc426d4238a06f31c1cffbbf72/NC–Collision-Lawsuit

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Hospitality Industry Legal Risks: California Hotel Sued By Family Of Woman Killed Crossing Street To Parking Lot; “Duty To Ensure Safety Of Guests”

“…The civil complaint alleges The Cliffs Resort has a duty to ensure the safety of its customers but failed to do so…the location is dangerous because resort patrons who do not use valet service must park on the east side of Shell Beach Road…they must cross the busy street without the benefit of a crosswalk, traffic controls, warning signs, or proper lighting…the lawsuit claims.”

The family of a woman struck and killed by an SUV while crossing Shell Beach Road in Pismo Beach nearly a year ago has filed a lawsuit seeking to improve safety at the site. The lawsuit was filed April 11 against The Cliffs Resort and the city of Pismo Beach by San Luis Obispo personal injury lawyer  Ryan Harris on behalf of the family of Tricia Rittger.

The Los Osos resident was 39 when she was struck Nov. 19, 2011, in front of the hotel and subsequently died, leaving behind husband Aaron and a 4-year-old daughter.

Harris said the lawsuit seeks to force The Cliffs and the city to improve safety for customers walking from the parking lot across Shell Beach Road to the hotel and restaurant.

For more: http://www.timespressrecorder.com/articles/2012/09/28/news/news54.txt

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Hospitality Industry Health Risks: “Wrongful Death” Lawsuit Filed Against Illinois Hotel For Legionnaire’s Disease Outbreak Tied To Fountain In Lobby

“…Health officials tied the outbreak to the main fountain in  the hotel lobby. The plaintiff …alleges the  hotel didn’t properly maintain the fountain and said the company neglected to  prevent visitors from walking near the fountain when the hotel should have known  about the bacteria…”

The family of a Florida man who died after catching  Legionnaire’s disease at a Loop hotel has filed a wrongful death suit against  Marriott International. Luis Enrique Acevedo Muro was one of three people who died  after being exposed to Legionella bacteria at the JW Marriott Chicago Hotel, at  151 W. Adams St., according to the lawsuit and public health officials.

Acevedo Muro, of Key Biscayne, Fla., contracted Legionnaire’s  disease after  staying at the hotel from Aug. 1 to Aug. 3, the suit claims. He  died Aug. 14.

The eight-count suit, filed Wednesday in Cook County Circuit  Court,  claims wrongful death and survival action against Marriott and   Chicago-based developer The Prime Group, Inc.  It seeks an unspecified  amount in  damages. Neither company could be reached for comment Wednesday evening.

Legionnaires’ disease is contracted by breathing in mist or  vapors from water contaminated with the Legionella bacteria and usually develops  two to 14 days after exposure. It frequently begins with headache, high fever  and chills, and progresses by the second or third day to include a cough, chest  pain and shortness of breath.

Source: http://www.nbcchicago.com/news/local/legionnaires-disease-outbreak-chicago-hotel-marriot-171439911.html#ixzz27g7k8GHy

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Hospitality Industry Property Risks: West Virginia Hotel Fire Destroys 30 Rooms, Killing One Man

“…Witnesses told authorities the fire appeared to start in the top section of the motel’s west wing, but no cause has been determined… The fire destroyed about 30 rooms…”

The West Virginia Fire Marshal’s Office says a Louisiana man has died of burns he suffered during a weekend hotel fire. Media outlets identified the victim as 21-year-old Dustin McCellen.

The marshal’s office didn’t provide his hometown, and the chief investigator on the Wilsonburg blaze didn’t immediately respond to a message Tuesday.

McCellen was an oil and gas industry worker who was staying at the Towne House West Motor Lodge when it caught fire early Sunday morning.

No one else was injured. Many of the rooms were rented by other gas workers who had gone home for the weekend.

For more:  http://www.wowktv.com/story/19511136/la-gas-worker-dies-of-burns-from-wva-motel-fire

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Hospitality Industry Guest Safety: California Hotel “Re-Emphasizing Safety Policies” After Woman Falls From 11th-Floor Balcony In Apparent Suicide

After the latest incident, Wood emphasized to hotel employees the importance  of their training for Intervention Procedures certification, a program designed  to help employees prevent intoxication, underage drinking and drunken  driving…”A lot of people don’t understand that we are not a public place. This is a  private business, and we have the right to refuse service to anyone,” Wood said.  “We want to protect our guests, and that’s where our training comes into  play.”

Officials at the Crowne Plaza Ventura Beach Hotel say they are re-emphasizing  safety policies after the death of a 36-year-old Santa Barbara woman who  recently fell from an 11th-floor balcony. The woman’s death was determined to be a suicide, according to Ventura County  medical examiners. The woman fell from the balcony about 7:30 p.m. Aug. 30 and  hit the roof of the C-Street Restaurant below,Ventura police said.

Douglas Wood, general manager of the Crowne Plaza, said the hotel’s balcony  rails measure between 42 and 42.5 inches in height. According to guidelines set  by the International Building Code, hotel balcony railings must be at least 42  inches high, and the space between rails cannot be greater than 4 inches.

Hotel balconies also must be able to withstand a strong load, to make sure  the railings don’t fall down if someone pushes on them, according to the  code. The Crowne Plaza meets all three standards, said Jeffrey Lambert, Ventura’s  community development director.

Still, it was the seaside hotel’s third fall this year. On June 1, a  60-year-old Ventura woman committed suicide by jumping from a 12th-floor fire  escape staircase. On Jan. 13, a man suffered severe injuries after falling off a  balcony and hitting a concrete pool deck.

After the June incident, Wood said, the hotel decided to install tempered  glass along the fire escape staircase.

Wood said there are no plans to change the structure of the balconies. The  hotel underwent a complete renovation in 2006.

Former requirements call for balcony rails to be at least 36 inches tall and  no greater than 6 inches apart, said Chad Callaghan, a security consultant for  the American Hotel and Lodging Association.

Some hotels have taken other preventive measures, such as restricting roof  access, checking later on guests who seem troubled when checking in, and doing  away with patio furniture on balconies, which may invite children to climb on  top of them, Callaghan said.

Other hotels have placed labels on sliding-glass doors warning parents to  watch their children and never leave them unattended on the balcony, he said.  Sliding-glass doors at the Crowne Plaza have a sticker in the shape of a palm  tree to protect guests from walking into the glass.

“No matter what type of railing a hotel room may have, there is no substitute  for common sense and good parenting,” Callaghan said.

And despite laws designed to protect hotel guests from injuries and falls,  officials say, suicides may be unavoidable.

“The hotel has a responsibility to protect guests. They don’t have a legal  duty to provide reasonable protection against suicides,” Callaghan said. “If a  person wants to commit suicide, they’re going to find a way to do it.”

Read more:  http://www.vcstar.com/news/2012/sep/09/ventura-hotel-re-emphasizes-safety-policies-fall/#ixzz264jtAdSi – vcstar.com

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Hospitality Industry Legal Risks: Wisconsin Restaurant Owners Sued For $550,000 For “Negligence” In Alcohol-Related Shooting Death Of Patron

“… the defendants (are accused) of violating the Illinois Wrongful Death Act… were negligent for failing to take reasonable actions to protect customers, allowing a patron with weapons to be on the premises and allowing people inside the restaurant who were “quarrelsome, disorderly, hostile and vicious.”

The family says they have lost their means of support while also suffering a loss of society, consortium, guidance and companionship. The Ortizes ask to be awarded more than $550,000 in damages plus courts costs.

A Pontoon Beach restaurant is accused of causing the death of a Granite City man who was shot and killed there last year. Brenda Ortiz, as special administrator of the estate of Jesus Ortiz-Flores, and Luis F. Ortiz filed a lawsuit Aug. 15 in Madison County Circuit Court against La Mexicana Inc., also known as La Mexicana Restaurant Inc., Orlando Gudino, Berzain Gudino and Oscar Guidno. Choteau Properties Inc. is also listed as a defendant.

The 37-page lawsuit stems from a shooting that happened at La Mexicana on Chouteau Trace Parkway in Pontoon Beach on August 19, 2011, the suit states. According to statements made by police to media immediately following the incident, Jesus Ortiz-Flores, 20, was shot once in the head in the parking lot of the La Mexicaca restaurant and died immediately. Plaintiff Luis Ortiz, who was 18 at the time, was allegedly shot multiple times during the incident but survived.

Brenda Ortiz and Luis Ortiz accuse La Mexicana restauraunt, the owners and managers and Choteau Properties, the owner of the building, of directly contributing to the shootings. The Ortizes contend the restaurant served alcohol to the alleged shooter, Fernando Gallegos, 17, allowing him to become intoxicated and then attack Ortiz-Flores, causing his death. They say the defendants’ actions constitute a violation of the Illinois Dram Shop Act.

For more:  http://www.madisonrecord.com/news/246266-la-mexicana-restaurant-in-pontoon-beach-sued-over-shooting-death

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Hospitality Industry Alcohol Risks: Mississippi Casino Resort And Spa Sued For $75 Million By Family Of Man Who Died After Consuming “Free Drinks”

The suit claims casino workers kept serving free drinks to 30-year-old Bryan Lee Glenn in August 2009, ignoring pleas from the drunken man’s family to stop serving him. 

A lawsuit claims a Mississippi casino served so much alcohol to a man taking powerful prescription painkillers that he died on the floor of his hotel bathroom. The lawsuit against IP Casino Resort and Spa in Biloxi was filed Wednesday in U.S. District Court in Gulfport. It seeks damages of $75 million.

The suit says Glenn died in his hotel room. He’d taken prescribed painkillers including Percocet, morphine and Xanax, as well as antipsychotic medications in the three weeks before his death, the lawsuit says. He was being treated for physical injuries as well as psychosis and hallucinations. Glenn had suffered a traumatic brain injury in a 2004 four-wheeler accident, then suffered back injuries in a 2007 car wreck.

Read more here: http://www.miamiherald.com/2012/07/27/2915715/75m-lawsuit-claims-casino-let.html#storylink=cpy

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