Tag Archives: Injuries

by | 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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by | 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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by | 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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by | 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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by | December 22, 2012 · 7:21 am

Hospitality Industry Safety Risks: Gas Fireplace Manufacturers To Provide "Protective Screens" To Prevent Severe Burns From "Scorching Glass Fronts"

“…Under the voluntary standard, the glass is allowed to reach temperatures as high as 500 degrees or 1,328 degrees Fahrenheit, depending on the type of glass used. Up to now, most manufacturers have not provided Hotel Glass Fireplacesscreens or prominent safety warnings out of fear of marring the aesthetic appeal of fireplaces or scaring off customers…”

Some have argued that the risks of a fireplace are so obvious that keeping kids safe is simply a matter of good parenting and common sense. However, some child burn victims were hotel guests whose parents had no experience with gas fireplaces.

Fred Stephens’ 11-month-old daughter Lila had to have skin grafts on both palms after suffering third-degree burns from fireplace glass at a resort in the Wisconsin Dells in 2010.

To stave off regulation and lawsuits over severe burns to toddlers, manufacturers will provide protective screens as standard equipment with new gas fireplaces. The industry has revised its voluntary guidelines to call for the addition of mesh screens attached to new fireplaces to prevent contact with the scorching glass fronts.

Fireplace makers will have a long lead time — until Jan. 1, 2015 — to provide screens with new units, though companies are already retooling to do it sooner, said Tom Stroud, a senior manager with the Hearth, Patio and Barbecue Association.

As reported by FairWarning, more than 2,000 children age 5 and under were injured by contact with the unprotected glass in a recent 10-year period, according to a federal database. The injuries triggered at least a dozen lawsuits and scrutiny by the Consumer Product Safety Commission.

For more:  http://www.oregonlive.com/health/index.ssf/2012/12/new_gas_fireplaces_to_get_safe.html

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by | December 18, 2012 · 7:40 am

Hospitality Industry Insurance Risks: Workers' Comp Insurance Fraud Costs Businesses $7.2 Billion Annually

In 2007 State Fund discovered Safehome Inc. was under reporting their employee payroll to avoid paying the proper premium. An audit was completed and indicated that Safehome Inc. had failed to pay the proper workers compensation insurancepremiums for their workers’ compensation policy in the amount of $477,285. Additionally, State Fund determined the business was operating out of its classification, and related payroll was never reported to either State Fund or EDD, according to investigators.

“…the three types of most common workers’ comp fraud – injured worker fraud, provider fraud and premium fraud – haven’t changed much…”

Workers’ compensation fraud costs businesses $7.2 billion annually, roughly a fifth of all workers’ compensation payments, according to the National Insurance Crime Bureau.

In the past, it’s been challenging to prosecute workers’ compensation fraud, but recently passed legislation is making it easier for agencies like State Fund to work together to fight fraud. In June, as a result of a joint task force that included State Fund, more than 100 enforcement actions were taken against companies for failure to comply with state contracting, insurance and payroll requirements.

And earlier this year, State Fund partnered with other agencies on a fraud case that resulted in a conviction with restitution orders to both State Fund and the Employment Development Department.

For more:  http://www.insurancejournal.com/news/west/2012/12/12/273777.htm

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by | December 8, 2012 · 7:20 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For Negligence By Woman Who Slipped On "Wet And Slick Floor"; Lawsuit Seeks $50,000 In Medical Costs And Damages

“…as she was walking to the restroom, (the woman) slipped on a wet and slick floor…she suffered severe pain slip_and_fall accidentand discomfort, incurred medical costs and endured damages of more than $50,000, the suit states…”

A woman claims she suffered severe injuries after she slipped and fell on a wet floor at a restaurant. Janet L. Althoff filed a lawsuit Nov. 26 in Madison County Circuit Court against Ali Veseli doing business as Round Table Family Restaurant.

Althoff claims she was visiting Round Table at about 2:30 p.m. on March 9 when she walked from a dining room to a unisex restroom.

Althoff blames Veseli for causing her injuries, saying the restaurant negligently failed to correct the unsafe condition and failed to warn of the wet floor. In her complaint, Althoff seeks an unspecified judgment, plus other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/250097-round-table-family-restaurant-sued-by-woman-who-claims-she-slipped-on-wet-floor

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by | November 22, 2012 · 7:19 am

Hospitality Industry Workers' Compensation Insurance Risks: Tennessee Supreme Court Awards Restaurant Manager Benefits At "Six Times His Medical Impairment" From Electrocution Injuries

“…The Tennessee Supreme Court held that a manager was entitled to benefits at the statutory maximum of six times his medical impairment…the manager was denied a meaningful return to work when he was terminated in retaliation for filing his claim. The manager’s age, education, training, work experience, and limitations warranted the six-times multiplier…”

A co-manager for a fast food restaurant was repairing a heating element used to keep food warm. Someone plugged the heating element into an electrical outlet. An electrical shock caused the manager to lose consciousness. He suffered from burns on his hands, chest pains, headaches, and memory loss. He repeatedly asked his supervisor to pay his medical expenses and authorize medical care for his symptoms. The district manager said he would “take care of it,” but the bills remained unpaid. The manager filed a workers’ compensation claim, and the restaurant was fined for failing to timely report the incident. Days after the claim was filed, his supervisor “vulgarly expressed his anger” about the claim. Within weeks, the manager, who had never received a reprimand, received two reprimands and was later terminated.

A neurologist diagnosed the manager with a migraine condition and epilepsy and opined that the conditions were caused by the electrical shock. The neurologist found that he reached maximum medical improvement with a 10 percent impairment to the body as a whole. A vocational expert opined that the manager suffered a 65 percent vocational disability based on his age, limitations, work history, and the local labor market. The manager was unable to find gainful employment other than occasional “odd jobs.” The Tennessee Supreme Court held that he was entitled to benefits at the statutory maximum of six times his medical impairment.

The court rejected the restaurant’s argument that the maximum multiplier possible was meant to punish it for mishandling the claim rather than an assessment of disability.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533352818

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by | November 18, 2012 · 7:16 am

Hospitality Industry Property Risks: Indiana Restaurant Suffers "Severe Structural Damage" As Car Crashes Into Dining Room; Customer Hospitalized In Serious Condition

“…the building suffered severe structural damage…the Indianapolis Fire Department’s Structural Collapse Rescue Team was called in to secure the building and prevent it from further collapse…the female customer was taken to (the hospital) in serious condition…”

Wayne Township Fire crews responded to an accident near West Washington Street and Lynhurst Saturday after an SUV crashed into the dining room of a restaurant – pinning a customer between the car and the counter.

A passenger inside the SUV said she and her daughter-in-law, who was driving, were headed east on Washington when a van pulled out in front of them.  She said her daughter-in-law swerved to avoid it, but lost control and crashed into the building.

Mariah Taylor was working at a fast food restaurant next door when she heard the crash, ran over to help along with a co-worker, and saw the woman who was pinned.

The passenger in the SUV suffered only a scratch. She said her daughter-in-law was able to get out of the vehicle on her own.

Wayne Township Fire officials said they haven’t been able to confirm the number of employees in the business at the time of the accident. There were no other injuries reported.

For more:  http://www.wishtv.com/dpp/news/local/marion_county/suv-crashes-into-restaurant

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by | November 11, 2012 · 7:36 am

Hospitality Industry Fire Risks: New York Restaurant Kitchen Workers Seriously Burned As "Gasoline Stored In Container" Spills And Ignites

“…the sushi chef… had asked a dishwasher to carry a five-gallon soy sauce container filled with gasoline through the kitchen to his car…The gasoline (had been acquired) a day earlier from an acquaintance and had been stored in the restaurant’s basement…as the dishwasher was carrying the gasoline through the kitchen, it spilled and ignited. Another chef was immediately engulfed in fire, receiving first- and second-degree burns to his face, neck, arms and legs before bystanders extinguished the flames…”

A sushi chef has been arrested after a soy sauce container he had filled with gasoline ignited at a restaurant close to Sutton Place in Manhattan, starting a blaze that severely injured three people.

The fire, which occurred about 10 p.m. Friday, raced through the kitchen of Eno Asian Bistro and Lounge on 1066 First Avenue at East 58th Street, the Fire Department said.

A busboy and another woman also sustained second- and third-degree burns to their legs. As of Saturday, the victims were still recovering at NewYork-Presbyterian/Weill Cornell Medical Center.

For more:  http://cityroom.blogs.nytimes.com/2012/11/10/chef-charged-in-fire-at-restaurant/

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