Tag Archives: Lawsuits

by | May 8, 2013 · 6:10 am

Hospitality Industry Health Risks: Nevada Restaurant Sued After “Salmonella Food Poisoning” Outbreak; “Inadequate Hand Washing, Handling Of Food With Bare Hands, Improper Food Storage” Violations Found

“…health inspectors were sent to the restaurant to investigate…they found multiple violations including: employees handling ready-to-eat food with bare hands, inadequate hand washing by foodhandlers; inadequate or missing cooling and heating logs for food; raw ground beef stored Salmonella Enteritidisover cooked chicken and raw seafood; fruit flies and small moths in the cooking area; and broken cooking thermometers and foods not being held at proper temperatures…”

A Pennsylvania woman has filed a lawsuit against the Firefly on Paradise, a Las Vegas restaurant. She is seeking compensation for allegedly contracting Salmonella food poisoning from the restaurant. She is being represented by Fred Pritzker, Brendan Flaherty and Ryan Osterholm, who are also representing several other people allegedly sickened in the outbreak.  Pritzker, Flaherty and Osterholm are part of PritzkerOlsen law firm’s Bad Bug Law Team.

The firm’s client is one of the 89 people sickened in a Salmonella outbreak associated with the Firefly. She and her husband were visiting Las Vegas in late April. On April 24, they ate dinner at Firefly on Paradise. Two days later, she developed symptoms that included nausea, fever, abdominal cramps and bloody diarrhea. She is still receiving medical treatment.

According to the complaint, those foods include but are not limited to: pork, calamari, garlic in oil, potatoes, tortilla empanada, lettuce, shrimp, mussels, claims, chicken and fish. The restaurant has been closed during the outbreak investigation to reduce the risk to public health.

For more:  http://foodpoisoningbulletin.com/2013/salmonella-lawyers-file-lawsuit-against-firefly-restaurant-in-las-vegas/

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by | 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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by | May 5, 2013 · 7:27 am

Hospitality Industry Legal Risks: Ohio Motel Sued For $25,000 By Guest For “Bed Bug” Bites Requiring Medical Treatment; Staff Should Have Recognized Signs Of Infestation

“…in the morning, she claims she had bed bug bites, which were severe enough she required medical treatment. The bugs also reportedly infested the luggage she had with her. When she arrived home, the bed bugs reportedly infested her home…(the Bed Bugs in Hotel Roomsplaintiff) contends the staff should have been trained to recognize the signs of bed bugs, identified the problem, reported it to management and called in proper pest control measures to eradicate the creatures. She also believes she should have been alerted of the unsafe conditions of the room…”

A lawsuit was filed in Columbiana County Common Pleas Court this week seeking damages from bed bugs allegedly discovered last summer by a guest at Barnett’s Motel on U.S. Route 62 west of Salem. Jacki Covert, of Antiock, Ill., claims she rented room 110 on June 24, 2012 and spent a night at the motel.

According to the lawsuit, Hemiptera, which are also known as bed bugs, suck blood and rapidly reproduce. The bugs can be difficult to control, even in the cleanest facilities. The bugs shed their skin as they grow, leaving behind proof of their existence on sheets, pillow cases, couches, chairs, carpets and floors throughout the room.

She is seeking in excess of $25,000 in relief.

For more:  http://www.salemnews.net/page/content.detail/id/565283/Woman-sues-Barnett-s-Motel-over-alleged-bedbug-infestation.html?nav=5061

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by | 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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by | April 21, 2013 · 12:27 pm

Hospitality Industry Legal Risks: California Restaurant Franchisee Settles EEOC “Disability Discrimination Lawsuit” For $100,000; Former Floor Supervisor With “Intellectual Disability” Demoted To Janitorial Position

“…The EEOC contends that once Alia took over,  Alia management demoted Morgan to a janitorial position, cut his hours and reduced  his hourly EEOCwages, thereby forcing him to find other employment and resign by  June 2009.   The EEOC’s lawsuit argued  that Alia Corporation thus engaged in disability discrimination that violated  the Americans with Disabilities Act  (ADA)…”

Alia Corporation, a franchisee  with over 20 fast-food chain restaurants throughout Central California, agreed  to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced  today.

The EEOC originally filed suit against the Merced,  Calif.-based company in 2011 on behalf of Derrick Morgan, a former floor  supervisor with an intellectual disability (EEOC v. Alia Corporation, Case  No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District of  California).  Morgan was known to be a good employee and  promoted by previous management from crew member to super­visor in 2008.

As  part of the settlement announced today, the parties entered into a three-year  consent decree requiring Alia to hire an equal employment opportunity (EEO) monitor  to create anti-discrimination policies and procedures; a complaint process and  impartial investigations; a centralized tracking system for discrimination  complaints; a system to hold employees accountable for discrimination; and,  annual live disability discrimination training for all management and human  resources employees.  The $100,000 in  monetary relief shall be paid entirely to Morgan.  The EEOC will monitor compliance with the agreement.

“Employers cannot allow biases and stereotypes to factor  into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’s  Los Angeles District Office, which includes Fresno in its jurisdiction.  “The EEOC commends Alia Corporation for  today’s settlement, as it marks a new path for Alia — one which includes equal  employment opportunity for all of their employees, regardless of disabilities.”

Melissa  Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discrimination  charges are on the rise in California, comprising 30% of all charges  filed.  Workers who are unjustly  penalized due to their disabilities have protections under federal law, and the  EEOC is here to help.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm

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by | 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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by | April 14, 2013 · 6:56 am

Hospitality Industry Employment Risks: North Carolina Restaurant Franchisee Faces “Civil Contempt” Charges For Breach Of EEOC “Sexual Harassment Lawsuit” Settlement

“…an 18-year-old female employee was being sexually harassed by a male coworker who talked to her about his sex life in addition to making EEOCsexual gestures toward her…the suit goes on to claim that the female worker was fired after police went to the restaurant to investigate her complaint…The decree required the company to pay $17,500 in relief to the female employee in addition to establishing or enforcing policies against sexual discrimination and retaliation for reporting sexual harassment…”

A franchisee operating the Dairy Queen restaurant in Winston-Salem’s Hanes Mall is being held in civil contempt by a federal judge because it breached terms of an agreement resolving a sexual harassment lawsuit, according to the Winston-Salem Journal. In December 2011, the agency filed a lawsuit against YS&J Enterprises Inc. in U.S. District Court for the Middle District of North Carolina.

Back pay and monetary damages were sought in the suit.

According to the Journal, the company entered into a consent degree with the EEOC, which was signed by Judge James Beaty in October.

For more:  http://myfox8.com/2013/04/13/dairy-queen-at-hanes-mall-held-in-contempt-over-harassment-suit/

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by | April 11, 2013 · 6:34 am

Hospitality Industry Legal Risks: New York Restaurant And Caterer Sued For “Retaining 20% Service Personnel Charge”; Seeking Class-Action Status For More Than $1 Million In Tips

“…(the complaint states) a ‘reasonable customer’ would have believed the surcharge to be a gratuity…if customers asked if the waiters and waitresses got tips, they were ordered ‘to respond, as instructed by defendants, that they did receive tips’…(the Hospitality Industry Wage Violation Lawsuitsdefendants) knowing or intentional demand for, acceptance of, and/or retention of the mandatory charges paid by customers when contracting with defendants, when such customers were led to believe that such mandatory charges would be paid to plaintiff, defendants have willfully violated New York law…(plaintiffs) seek class certification, restitution of the tips, and costs…”

A class action claims an upstate New York restaurant and caterer cheated its workers out of more than $1 million in tips.

The defendants added a 20 percent “service personnel charge” to all its banquet hall bills, but servers never saw dime one of it, lead plaintiff Ryan Picard claims in Albany County Supreme Court.

Picard claims the family-owned businesses ran the game for 6 years, at the expense of more than 100 workers.  Named as defendants are six entities associated with the Mallozzi family of suburban Schenectady, who operate bakery, restaurant, hotel and catering businesses in Albany and Schenectady counties.

For more:  http://www.courthousenews.com/2013/04/11/56574.htm

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by | April 6, 2013 · 6:23 am

Hospitality Industry Legal Risks: North Carolina Restaurant Operator Sued By EEOC For “Religious Discrimination”; Muslim Food Prep Worker Fired For Refusing To Cut Off Beard

“…(plaintiff) applied for a job with a Bojangles’ restaurant in Charlotte and was interviewed for a food prep position…the manager informed Charles that he might need to cut his beard, to which Charles responded that he could not cut his beard for religious reasons, informing her that EEOChe was a Muslim. Charles was hired and worked at the restaurant on May 18 without incident…Charles reminded the manager that he could not cut his beard because of his religion, and requested an accommodation of wearing a beard net, similar to a hair net, which the restaurant manager refused. The restaurant manager told Charles to leave the restaurant, and to not return to work until he shaved off his beard. Charles refused to shave his beard and was consequently fired…”

Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles’ restaurants in the Charlotte metro area, violated federal law when it failed to accommodate an employee’s religious beliefs and then fired him because of his religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, Devin Charles has been a practicing Muslim for the past 14 years. As a male Muslim member of his sect of the Sunni branch of the Islamic faith, Charles is required to grow and maintain a beard and is not allowed to trim or cut his beard unless it exceeds the length of his fist when holding his beard in his closed hand under his chin, commonly referred to as “fist length.” In accordance with his sincerely held religious beliefs, Charles has not trimmed or cut his beard unless it exceeded a fist length

The manager instructed Charles that her supervisor, the district manager, had come to the restaurant, seen Charles’ beard and instructed her to tell Charles that he needed to shave off his beard to continue working for Bojangles’.

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for the sincerely held religious beliefs of employees as long as doing so does not pose an undue hardship on the employer. The EEOC filed suit in U.S. District Court for the Western District of North Carolina, Charlotte Division (EEOC v. Bo-Cherry, Inc. d/b/a Bojangles, Civil Action No. 3:13-cv-00210) only after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory damages, punitive damages and reinstatement or front pay. The complaint also seeks injunctive relief.

“Under federal law, employers have an obligation to attempt a fair balance between an employee’s right to practice his or her religion and the operation of their business,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “This case demonstrates the EEOC’s commitment to fighting religious discrimination in the workplace.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-4-13.cfm

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by | 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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