Tag Archives: Injuries

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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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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February 12, 2013 · 6:59 am

Hospitality Industry Legal Risks: New York Restaurant Sued By Woman Hit By Car Outside Building; Neglected To Install “Curbs And Bollards”

“…the (plaintiff’s attorney) said Wendy’s only installed pedestrian safety blocks after the crash in December. He said if the restaurant had curb stops and bollards in place at the time of the incident, the tragedy would Hospitality Industry Injury Lawsuitshave been prevented…”

Theresa DiMilia and her 11-year-old daughter Samantha walked out of the Wendy’s restaurant on December 4 in Williston Park when suddenly a car being driven by an elderly woman smashed into them and pinned them against the wall. “The pain was so unbearable. I remember my daughter Samantha asking me if she was dead — ‘Am I alive mommy, am I alive?’” Theresa DiMilia told 1010 WINS’ Mona Rivera.

Their legs were crushed. Samantha DiMilia was treated and released after suffering a severely fractured leg. Now, two months later, Samantha is walking again, but Theresa DiMilia is still in a wheelchair after having both legs fractured in the incident.

The lawsuit names the driver of the vehicle who hit the DiMilias — 75-year-old Margaret Hogarty of Mineola — as well as Wendy’s International Inc. and Westbury Properties, LLC, which owns the property where the restaurant is located, as defendants.

For more:  http://newyork.cbslocal.com/2013/02/11/wendys-named-as-defendant-in-multimillion-suit-filed-by-injured-mother-daughter/

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February 9, 2013 · 7:39 am

Hospitality Industry Safety Risks: Wisconsin Hotel Guest Files “Personal Injury Lawsuit” After Being Hit By Rider On Hotel’s Waterslide

“…(plaintiff) was at the hotel waterpark and went down the “Cyclone” waterslide. When he stood up in the pool below the slide’s trough, the complaint states, he was hit by another rider. The collision caused him to fall Hospitality Industry Injury Lawsuitsbackward and sideways, striking his head and neck on the slide’s trough…”

A Waukesha man has filed suit against Country Springs Hotel, saying it was negligent when it allowed a rider to travel down a waterslide after him, resulting in a collision. Robert and Dale Flowers, a married couple residing in Avalon Square Senior Housing in downtown Waukesha, filed a personal injury lawsuit Wednesday in Waukesha County Circuit Court against Country Springs Hotel. The couple is seeking unspecified damages from the incident that occurred nearly three years ago, according to the complaint.

The lawsuit claims Country Springs Hotel did not have a video feed available to employees to tell them when a rider cleared the slide. Instead, they have one employee at the top of the waterslide telling riders when to go and another at the bottom of the slide.

Robert Flowers received “pain, suffering and disability, hospital expense, medical expense, loss of earnings and earning capacity,” according to the lawsuit. His wife, Dale, “sustained the loss of services, society and companionship of her husband,” according to the complaint.

For more:  http://waukesha.patch.com/articles/waterslide-collision-at-country-springs-hotel-results-in-personal-injury-lawsuit

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January 29, 2013 · 7:21 am

Hospitality Industry Safety Risks: Texas Hotel Guest Files “Negligence Lawsuit” After Marble Tile In Elevator Falls On Child Causing “Serious Injuries”

“…as (plaintiff)  stepped off the hotel elevator, a large marble tile fell from a wall and onto the child’s head, Hospitality Industry Lawsuitchest and leg.  His bodily injuries were serious, permanent and disabling…”

An Oklahoma woman claims her son was injured at a Galveston hotel and is seeking damages in a suit against the owner. Shawna Martin filed a lawsuit against Neel Shah Hospitality Inc. on Jan. 25 in Galveston County District Court.

According to the suit, Martin and her 8-year-old son were on vacation in Galveston on Jan. 14, 2007, and the boy was injured at the at the Comfort Inn & Suites in the 6300 block of Seawall Boulevard.

“Allowing a loose tile which was inadequately secured to the wall….. posed an unreasonable risk of harm and the defendant had constructive knowledge of that risk,” the original petition says.

The defendant is blamed for:

  • Failing to properly and adequately secure the mirror to the wall;
  • Failing to perform an adequate inspection to determine whether there was a hazard present;
  • Failing to repair said mirror; and
  • Failing to warn.

For more:  http://setexasrecord.com/news/281053-woman-sues-galveston-hotel-after-marble-tile-strikes-son

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January 24, 2013 · 8:28 am

Hospitality Industry Safety Risks: Alabama Hotel Sued By Guest Trapped In Elevator; “Sustained Injuries During Escape From Broken Machinery”

“…(plaintiff) and several others became entrapped in the hotel’s elevator…(she claimed) the hotel didn’t respond to the emergency call which resulted in two male guests in the elevator prying the door open and Hotel Elevator Accidentcreating an opening to escape…hotel administrators pulled King by the legs through the opening resulting in her falling and suffering physical injuries…”

An Alabama resident is suing a local Marriott-owned hotel after allegedly being trapped in an elevator and sustaining injuries during an escape from the broken machinery. Maureen A. King filed a lawsuit against Marriott Hotel Services, Inc., Renaissance Hotel Management Company, LLC, Renaissance Hotel Operating Company, Sodexo, Inc. and John Doe in the Orleans Parish Central District Court.

The defendant is accused of failing to respond to the emergency elevator alarm, pulling petitioner from the elevator and causing her to fall and failing to seek emergency assistance.

An unspecified amount is sought for past medical expenses, future medical expenses, past lost wages, future lost wages, pain and suffering and mental anguish.

For more:  http://louisianarecord.com/news/248516-renaissance-pere-marquette-hotel-blamed-for-injuries-sustained-by-guest-stuck-in-elevator

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January 16, 2013 · 7:39 am

Hospitality Industry Health Risks: New York Restaurant Sued By Guest Who Choked On Fish Bone; Throat Surgery To Repair Perforated Trachea

“…She was brought to Lenox Hill Hospital, where she required surgery and a four day stay. Doctors found a Hospitality Industry Lawsuitmicro perforation of her trachea and she was unable to speak for two weeks after being discharged…”

An Upper East Side restaurant that specializes in serving fish is now choking on a lawsuit because of a tiny little bone that lodged in the throat of one of its customers. Claire Amiano, a Michael Kors specialist at Saks, is suing Fulton NYC, a fish restaurant on East 75th Street, saying that she needed emergency throat surgery in August 2012 because a filet of fish she ordered for dinner was not entirely deboned as promised.

Papers filed in Manhattan Supreme Court say when Amiano started to choke, employees called 911 and offered her olive oil and bread to dislodge the bone.

Fulton is owned by Joseph Gurrera who founded the small local chain of Citarella stores which offer high end groceries. He also created Tutto Italiano, an Italian specialty shop.

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January 8, 2013 · 8:42 am

Hospitality Industry Security Risks: Illinois Hotel And Restaurant Sued For “Negligence” After Guest Attacked By Man With Knife In Restroom; “Allowed Unauthorized Access To Property”

“…The lawsuit claims the hotel and restaurant at 909 N. Michigan Avenue were negligent when they allowed Restaurant Crime“unauthorized persons to gain access to their hotel, restaurant and restroom facilities” and didn’t perform proper security checks…”

An Oak Brook doctor who was stabbed in the neck and face during an attempted holdup at a Gold Coast restaurant in November is suing his alleged attacker along with the restaurant and hotel that houses it. Mir Shah says he was violently attacked and stabbed several times by Jimmy Harris in the bathroom of the Westin’s The Grill on the Alley on Nov. 17, according to a lawsuit filed Monday in Cook County Circuit Court. The restaurant’s bartender was also injured when he chased Harris, who cut him with a knife, police said.

Harris, who also goes by the name Jimmie Harris, had been freed from prison eight days prior to the attack. He has at least 60 arrests and nine felony convictions dating to the late 1970s, according to Chicago police, state and court records.

Shah, an oncologist, was out to dinner with his family that night after attending the Lights Festival along the Magnificent Mile. While in the bathroom, Harris approached Shah and announced a robbery before stabbing the doctor in the right side of his neck and face, prosecutors said. Shah is now disfigured and disabled, according to the suit.

For more:  http://www.chicagotribune.com/news/local/breaking/chi-doctor-stabbed-after-mag-mile-lights-festival-sues-suspect-20130107,0,4498714.story

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December 31, 2012 · 8:06 am

Hospitality Industry Legal Risks: New York Restaurant Sued For “Negligence” By Woman Injured By “Dog Leashed To Unanchored Chair”; Seeks $2 Million

“…(plainfiff) was injured earlier this year at the chain’s 86th and Lexington location when a dog “attached” to Hospitality Industry Lawsuitone of the restaurant’s chairs knocked her down…Shake Shack “was negligent in its failure to protect [Cirlin] from the anticipated dangers of allowing dogs to be attached by leashes to its flimsy and unanchored chairs…”

A Manhattan woman claims the Upper East Side outlet of the famed burger and hot-dog chain was a little too friendly to canine clients and their owners. Cindy Cirlin says she was injured when she was knocked down by a dog that was leashed to one of the East 86th Street restaurant’s chairs, according to a Manhattan Supreme Court lawsuit filed last week.

Cirlin wants $2 million in damages. Shake Shack did not respond to a request for comment.

For more:  http://www.nypost.com/p/news/local/manhattan/shaken_up_at_shack_3bh5OC48Z5luWG0IG1hzyK?utm_medium=rss&utm_content=Manhattan

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December 25, 2012 · 8:25 am

Hospitality Industry Legal Risks: Oregon Restaurant Employee Awarded $70,000 In “Unlawful Employment Practices” Lawsuit; Woman Claimed Discrimination After Filing For Workers’ Compensation

“…the (plaintiff) was placed in a position to work near heat, which caused a re-blistering of the wound, according to the lawsuit…(her) physician contacted the worker’s compensation carrier again to say she was to Hospitality Industry Lawsuitwork on modified duties without exposure to heat, the lawsuit states KFC continued to expose Vargas to heat in the workplace…”

“…her physician instructed her not to return to work because KFC was not able to follow the modified duty requirement. Vargas then told her employer she could not return to work until her burn healed…two days later, KFC terminated her employment, stating that Vargas had resigned…”

A Salem woman was awarded more than $70,000 after a lawsuit she filed against Chick Inc., the Salem company that owns three KFC franchises, for unlawful employment practices. Jurors unanimously found in favor of plaintiff Sarai Vargas, who claimed she was wrongfully discharged and that she experienced discrimination after filing for workers compensation because of a workplace burn. A four-day trial ended Dec. 14.

While wearing protective gloves, Vargas suffered second-degree burns after grease splattered on her right arm as she pulled chicken from the grill oven May 9, 2010, Vargas’ lawyer Larry Linder said.

Vargas was treated by a doctor for the burn and was cleared to return to work on a modified duty, which included light activity with no exposure to heat, Linder said.

For more:  http://www.statesmanjournal.com/article/20121225/NEWS/312250021/Woman-who-took-KFC-court-wins-70-000

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