Tag Archives: Lawsuits

Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”

“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as Hospitality Industry Wrongful Death Lawsuitsthrough the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””

A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.

Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.

Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds.  Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.

A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”

“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.

For more:  http://www.courthousenews.com/2013/09/18/61234.htm

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Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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Hospitality Industry Legal Risks: Tennessee Restaurant Sued For “Sexual Harassment And Retaliation” By EEOC; Manager Made “Offensive Comments, Physical Contact” With Teenage Worker

“…About two months after she began working there, the KFC’s 54 year-old store manager began making unwelcome and offensive comments EEOCand physical contacts. The EEOC further charges that the company retaliated against the minor by removing her from the work schedule and firing her within weeks after she reported the harassment to other management officials… The lawsuit asks the court to grant a permanent injunction preventing Memphis Foods from engaging in or condoning sexual harassment; and award appropriate back wages, compensatory and punitive damages…”

Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced yesterday.

According to the EEOC’s lawsuit, the 16-year-old female worked as a crew member for the KFC restaurant on Winchester Road in Memphis.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for Western District of Tennessee, Western Division, (Civil Action No. 2:13-cv-02712) after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

“Sexual harassment and retaliation in the workplace are always unconscionable, especially when minors are targeted and victimized,” said Katharine W. Kores, director of the EEOC’s Memphis District Office, which serves Tennessee, Arkansas and Northern Mississippi. “This agency considers the protection of minors in the workplace an important priority for eradicating employment discrimination.”

Memphis Foods LLC is an Arkansas limited liability company that owns and operates KFC and Taco Bell Restaurants throughout the greater Memphis area. Overall, the company operates more than 60 restaurants in Tennessee, Arkansas, Kentucky, Illinois and Missouri.

The EEOC recently updated its Youth@Work website (at http://www.eeoc.gov/youth/), which presents information for teens and other young workers about employment discrimination. The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the workforce.

The EEOC is responsible for enforcing federal laws that prohibit employment discrimination. Further information is available at www.eeoc.gov.

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Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”

 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing Hospitality Industry Injury Lawsuitswith disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”

A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago.  Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.

Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011.  Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.

A Jack in the Box spokesman said the company is considering an appeal.

For more:  http://www.courthousenews.com/2013/09/09/60939.htm

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Filed under Crime, Guest Issues, Injuries, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Crime Risks: Connecticut Hotel Manager Settles Multimillion Dollar “Wrongful Death Lawsuit”; Woman Murdered In Lobby By Intoxicated Man At Room Party

“…The former managers of a Stamford hotel agreed Friday to settle a multimillion dollar lawsuit brought against the hotel by the family of a 21-Hospitality Industry Wrongful Death Lawsuitsyear-old Greenwich woman stabbed to death by her ex-boyfriend there nearly six years ago…the trial addressed a real important public safety issue — and that was hotel safety…”

Details of the settlement were sealed in a confidentiality agreement, but lawyers for the family of Layla Renee Banks appeared very happy as they left the Main Street courthouse. On Thursday they had asked a jury to return a verdict of $20 million for their clients.

In the late evening of Oct. 13, 2007, a group of teens and young adults from Greenwich, wanting to extend what began as a sweet 16 party at one of their homes, rented a room on the third floor of the five-story hotel. Alcohol use was rampant among the partygoers who swelled to about 100, court documents and police reports show.

By his own admission later to police, he had had about six drinks at the party when he confronted Banks. He wanted to know why she hadn’t returned his emails or phone calls. After they began arguing, Banks screamed for help, eventually fleeing from Botello and the party to the hotel’s lobby, court documents and police reports state.

In a darkened hallway off the lobby, Botello caught up with the young woman, reports state. He clamped his hand over her mouth to prevent her from screaming and in the ensuing struggle he threw her purse down the hall.

Banks began sobbing and crying for help as a hotel worker began vacuuming the end of the hallway, the reports state. Panicked, Botello later told police he pulled out a knife and began stabbing Banks over and over — some 90 times, the medical report states.

For more:  http://www.ctpost.com/local/article/Hotel-murder-lawsuit-settled-4792732.php

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Hospitality Industry Legal Risks: Oregon Restaurant Sued For “Racial Discrimination”, Retaliation; Claims “Intentional Bias, Visceral Antagonism”

“…The suit says (the plaintiff) reported Counard’s conduct and “visceral antagonism” to other managers…he was suspended based on an Hospitality Industry Discrimination Lawsuitsallegation that he had told a server to rinse and serve a skewer of shrimp that had fallen on the floor…A month later, after an investigation in which Huleis was not interviewed, he was fired…The lawsuit claims Huleis’ treatment was intentional, was part of a pattern of discrimination against minority employees and was done with a reckless disregard for the company’s societal obligations…”

A Eugene man who says he was fired from his job at the Eugene Red Lobster restaurant because he is of Middle Eastern descent has filed a lawsuit against the chain in federal court. Jim Huleis, who came to Eugene in 2011 to help open a Red Lobster outlet near Valley River Center, seeks unspecified damages on claims of racial discrimination and retaliation. He alleges an area manager who disliked that Huleis was Arab singled him out for bad treatment to discredit and ultimately fire him.

The lawsuit asks the court to issue an injunction barring Red Lobster’s parent company, Florida-based GMRI Inc., from discriminating against people based on race or national origin. It also asks for an award compensating Huleis for his economic losses, including his past and future earnings, and for reinstatement to his job.

In addition, the suit asks for compensation for noneconomic damages and punitive damages and for an award covering his legal costs.

“We are a company known for greatly valuing diversity and have zero tolerance for any form of discrimination, so we take any claim like this very seriously,” Bernstein said in an e-mailed statement. “If there are differences between employees and our company during or after employment, the mutual goal is to resolve these issues in a prompt and fair way, and to do that we have a robust dispute resolution process, which includes mediation and arbitration. Mr. Huleis is pursuing this matter through that process.”

According to the suit, Counard immediately treated Huleis different from other managers, giving him inappropriate tasks, minimizing him and barring him from duties he would usually perform.

For more:  http://www.registerguard.com/rg/news/local/30417354-75/huleis-eugene-lobster-red-says.html.csp

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Filed under Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Florida Sports Bar Sued By Man Attacked By Bouncers; Assault Captured On Cell Phone And Posted Online

“…a bystander caught the incident on his cell phone (and shows) the first punch thrown (at the plaintiff), then a bouncer stomping on his head.  However, Coelho was the one arrested and charged with battery on a law  enforcement officer…(but) what people see from the video (is that) he Sports Bar Lawsuit Over Assault By Bouncerswas the  victim an attorney stated…The state attorney agreed and dropped charges against Coelho…the (sports bar) posted a statement on their Facebook page deeply regretting the matter…The sports bar has also fired the bouncers involved in the altercation (and) they have  since been arrested for the attack…”

A man involved in a fight outside a South Florida bar is filing a lawsuit  against those, he says, are responsible. Alex Coelho was with his girlfriend and friends when he was attacked outside  of Dirty Blondes in Fort Lauderdale Beach back in July.  After a verbal argument  with one of the bartenders, they were escorted outside. As the argument ensued,  Coelho was attacked and beaten by the bouncers. The attack was caught on  camera.

According to the group, they ordered a round of drinks. When one of the  drinks came back wrong, they said the bartender became irate. “‘That’s what you  ordered, if you don’t like it, you can get a drink somewhere else’ type of  deal,” Coelho said. “I offered to pay for another one, and then she called the  bouncers over. I actually offered them, ‘I don’t want any trouble here.’ I  pulled a $10 bill out of my pocket.”

Coelho asked to speak to the bar’s manager once the tension began to rise.  “I work in hospitality, and I understand how people should be treated,” Coelho  said. I definitely wasn’t yelling. I definitely didn’t want to fight or get in a  fight. I’ve never been arrested, ever.”

Read more: http://www.wsvn.com/news/articles/local/21011603710196/man-files-lawsuit-after-bar-fight/#ixzz2e8EiWlNd

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Hospitality Industry Legal Issues: Restaurants Beginning To Replace “Tipping” With Surcharges Or Higher Menu Prices In Response To “Wage Violation Lawsuits”, Cultural Changes

 “…Front-of-house workers are suing one respected restaurant after another, including Dovetail, last month, accusing them of playing fast and Hospitality Industry Wage Violation Lawsuitsloose with the laws on tips. The charges include sharing tips with workers who aren’t eligible for them and making tipped employees spend too much time on what is called sidework, like folding napkins between meals…One such lawsuit was settled for more than $5 million. Some owners now think they can avoid the suits by eliminating tips…”

“…Another change is cultural. The restaurant business can be seen as a class struggle between the groomed, pressed, articulate charmers working in the dining room and the blistered, stained and profane grunts in the kitchen. The rise of chefs that are also owners has brought a few of the grunts to power. But as the average tip has risen to 20 percent or so from 15 percent, the pay for line cooks, dishwashers and others has stayed low…”

“…The self-interest calculation (for servers) may be different now. Credit card receipts and tougher oversight have virtually killed off unreported tips…”

Sushi Yasuda joins other restaurants that have done away with tips, replacing them with either a surcharge (Atera and Chef’s Table at Brooklyn Fare in New York; Next and Alineain Chicago; Coi and Chez Panisse in the San Francisco Bay Area) or prices that include the cost of service (Per Se in New York and the French Laundry in Healdsburg, Calif.).

These restaurants are numerous enough and important enough to suggest that a tip-reform movement is under way. On the other hand, they are few enough and exceptional enough to suggest that the movement may remain very small, and move very slowly.

Americans have stuck with tipping for years because all parties thought it worked in their favor. Servers, especially in restaurants from the mid- to high-priced, made good money, much of it in cash, and much of that unreported on tax returns. Owners saved on labor costs and taxes. And customers generally believed that tips brought better service.

For more:  http://www.nytimes.com/2013/09/04/dining/leaving-a-tip-a-custom-in-need-of-changing.html?pagewanted=all&_r=0

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Filed under Employment Practices Liability, Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Insurance Update: California Restaurant Employee Injured By Co-Worker’s Prank Entitled To Workers’ Compensation Only; Court Dismisses Lawsuit Against Employer

 “…The waiter received workers’ compensation benefits and sued his employer…The court explained that even if the exception extended to an workers compensation insuranceassault by a “managing representative” the waiter did not show that the lead cook was a managing representative. The lead cook did not exercise general discretionary power of direction and control over the restaurant business or even the kitchen. At most, she made decisions regarding the kitchen work in the evenings…The California Court of Appeal dismissed the suit, finding that workers’ compensation held his exclusive remedy…”

A pizza cook at a restaurant heated a pan before placing a pizza on the pan for a waiter to bring to a customer. Because the pizza pans were generally kept cool, the waiter picked up the pan with his bare hand. When he did so, he screamed and dropped the pan. He suffered serious and permanent burn injuries.

The waiter acknowledged that before his burn injury there was substantial horseplay among the restaurant employees. The employees routinely engaged in practical jokes. He claimed that after he burned his hand he saw the lead cook and other employees laughing.

The court rejected the waiter’s argument that exceptions to the exclusivity provision applied. He did not show that the employer committed a physical assault or had any involvement or knowledge of the incident or that the lead cook or pizza cook acted on the employer’s behalf.

The waiter also did not show that the employer or any managers were aware that the lead cook had any responsibility for his burn injuries or that she was involved in an assault toward him. A restaurant manager questioned employees about the incident but only learned that the pizza cook was responsible for placing the hot pan.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533354776

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Hospitality Industry Legal Risks: Ohio Restaurant Operator Sued For “Fair Labor Standards Act” Violations And “Unjust Enrichment”; Employees Forced To “Tip Out” Managers And Others Not Regularly Receiving Tips

“…According to the lawsuit, restaurant employees weren’t allowed to keep all of their tips because they were required to “tip Hospitality Industry Wage Violation Lawsuitsout” managers and other employees who do not regularly and customarily receive tips. That resulted in employees’ being paid less than minimum wage…a tip pool can’t include managers or other workers, such as chefs or dishwashers, who don’t typically receive tips…The lawsuit requests a jury trial for five counts of Fair Labor Standard Act violations and a count of unjust enrichment. It seeks an unspecified amount in damages that (the attorney) said would ultimately prove “substantial.””

A federal lawsuit filed Monday alleges that Jeff Ruby Culinary Entertainment, which runs Jeff Ruby’s Steakhouse and Jeff Ruby’s Carlo & Johnny, forced employees to share tips with managers and other workers in violation of the Fair Labor Standards Act. The practice allegedly stopped about a year ago, but lawyers for three former employees aim to recoup losses from a two-year period beginning in 2010.

Lawyers Sarah Clay Leyshock and Kristen M. Myers – both of the law firm Beckman Weil Shepardson LLC – filed the class-action suit on behalf of the three former employees as well as anyone else who might step forward in the case. Two of the represented employees worked at Carlo & Johnny in Montgomery while the third worked at the Downtown steakhouse, Leyshock said.

“Under the Fair Labor Standard Act, employees are required to retain their own tips. The one exception is that employees can be required to share their tips in a valid tip pool,” Leyshock said. She said invalid tip pools are fairly common, but still illegal.

For more:  http://news.cincinnati.com/article/20130827/NEWS/308270075/Suit-Two-Ruby-eateries-skimmed-tips

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