Tag Archives: Lawsuits

by | January 30, 2013 · 7:59 am

Hospitality Industry Legal Risks: Michigan Restaurant Group Settles “Class-Action Lawsuit” Alleging “False Advertising Of Halal Food Items”

“…(plaintiff’s) attorney alleged that after the restaurant ran out of Halal chicken, it sold non-Halal chicken…an investigation found that the restaurant had sold non-Halal food masquerading as Halal food “on Hospitality Industry Class Action Lawsuitsmany occasions.” The two filed a class action lawsuit in Wayne County Circuit Court in November 2011…”

McDonald’s and one of its franchises agreed to a $700,000 settlement in a lawsuit claiming that it falsely advertised some of its food as halal. Ahmed Ahmed, a Muslim man from Dearborn Heights, alleged that the chicken sandwich he ordered from the McDonald’s on Ford Road in Dearborn in September 2011 did not meet Islamic dietary standards, despite the franchise’s advertisements that it sells Halal chicken.

McDonald’s and Finley’s Management Co, which owns the franchise, agreed on January 18 to pay the $700,000, which will be split between Ahmed, his lawyers, a health clinic in Detroit and the Arab American National Museum in Dearborn. McDonald’s and Finley’s deny any liability, but say the settlement is in their best interest.

For more:  http://michiganjournal.org/2013/01/29/dearborn-mcdonalds-makes-settlement-in-non-halal-chicken-sandwich-lawsuit/

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by | 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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by | January 27, 2013 · 9:59 am

Hospitality Industry Legal Risks: “Severe Food Allergies” Now Classified As A Disability Under ADA Law

“…the agreement says that food allergies may constitute a disability under the Americans With Disabilities Act, if they are severe enough. The definition was made possible under 2009 amendments to the disability law Americans wih disabilities actthat allowed for episodic impairments that substantially limit activity…restaurants who post their ingredients can help those with allergies decide whether they even want to buy the food…”

The new law that now classifies severe food allergy as a disability applies to those severely allergic to gluten, peanuts, shell fish, corn, wheat, and other food allergens. What it translates to is of interest to hospitals, colleges, and other institutions to offer food and put labels on those buffet bars letting people with severe food allergies know what’s in the food. The settlement relates to the disability law. Severe, not mild food allergies can be considered a disability under the law.

A public restaurant also could be liable for a lawsuit by a customer if the business ignored a customer’s request for certain foods. But if the customer had the courage to eat there, even out of spite, and that person became ill knowing the restaurant brushed off the one customer’s request for serving food to which the customer isn’t allergic, or food not containing the ingredient responsible for the severe allergy, that case might be harder to argue because the restaurant might say the customer became sick from food eaten elsewhere.

The restaurant would have to know the customer well enough to have served food for that particular customer enough times that the cooks and food handlers or servers would know the allergy requests of that particular customer. The problem with this argument is that turnover in restaurant employees would throw the customer a curve ball so to speak, since new food handlers or cooks wouldn’t know the customer by face or name unless they were told and remembered or saw where the lists of familiar customers with allergies were posted.

For more:  http://www.examiner.com/article/federal-disabilities-law-may-help-people-with-severe-food-allergies

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by | 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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by | January 23, 2013 · 8:11 am

Hospitality Industry Legal Risks: Texas Restaurant Group Settles EEOC “Religious Discrimination Lawsuit” For $25,000; Female Employee Prevented From Wearing Skirt To Work

“…Fries Restaurant Management has  agreed to pay Ashanti McShan $20,000 for “mental anguish and non-wage damages” and an additional $5,000 in lost wages…The restaurant management company also EEOCagreed to post its policy against religious discrimination on employee bulletin boards in every Burger King it operates in the state of Texas…”

A Burger King in Texas has agreed to pay $25,000 to a Pentecostal womanwho wore a skirt to work, court documents state. The payment settles a lawsuit filed in August by the Equal Employment Opportunity Commission (EEOC) against Fries Restaurant Management, LLC, which owns and operates the Burger King in Grand Prairie, Texas. The store allegedly asked a teenage woman to leave work after she arrived in a skirt. The EEOC’s lawsuit against Fries alleged religious discrimination, which is a violation of Title VII of the Civil Right Act of 1964.

In addition, it vowed to hold trainings for managers on federal anti-discrimination laws for the next two years, according to the documents.

McShan was a senior in high school when she came to work at the Burger King wearing a skirt instead of the black pants that are part of Burger King’s uniform.

In August 2010, McShan asked to wear a skirt instead of the restaurant’s uniform pants. Burger King “assured her that she could wear a skirt to work,” the filing says.

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by | January 19, 2013 · 8:17 am

Hospitality Industry Employment Risks: Wisconsin Restaurant Settles EEOC “Sexual Harassment And Retaliation Lawsuit” For $41,000; Companies Must Take “Immediate And Effective Action To Stop It”

“The Supreme Court has held that when an employer learns of sexual harassment, it must take immediate and effective action to stop it…Employers who don’t protect their workers should know that the federal EEOCgovernment will enforce the national policy against sexual abuse in the workplace…retaliation complaints have been the fastest-increasing type of complaint filed with the EEOC over the past 10 years…”

A Merrill, Wis., restaurant will pay $41,000 and furnish other relief  under a consent decree entered by the federal court in a sexual harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s suit (EEOC and Sherry L. Brown v. Merrill Pine Ridge LLC, et al., No. 3:11-cv-589), one of the cooks at New Pine Ridge restaurant, Shahi N. Selmani, created a sexually hostile work environment when he repeatedly made crude remarks to waitresses and grabbed their breasts.  The EEOC alleged that, despite the women’s complaints, restaurant owner Qemal Alimi did not stop Selmani’s harassment and instead fired some of the waitresses in retaliation for their complaints.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.  The EEOC filed suit in August 2011 after first attempting to reach a pre-litigation settlement through its conciliation process.

Selmani did not stop working for the restaurant until months after criminal charges were filed against him.  Eventually he pled no contest on Dec. 9, 2010 in Lincoln County Circuit Court (Case Nos. 2009CM25 and 2009CM101) to having committed Class A misdemeanor battery against three waitresses.  Charges of fourth-degree sexual assault, bail jumping and disorderly conduct were dismissed but “read into” the record of his conviction.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/1-17-13a.cfm

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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 15, 2013 · 7:48 am

Hospitality Industry Safety Risks: California Hotel Faces “Negligence Lawsuit” Over Carbon Monoxide Leak From Hotel Pool Boiler

“…(the plaintiff) was a guest at the time of the evacuation, which was believed to be caused by a boiler leak…claims the hotel was not equipped with carbon monoxide detectors resulted in exposing paying guests to hotel Carbon Monoxide Poisoninghazardous levels of the gas… he’s claiming negligence and requesting the hotel cover costs of general damages, medical bills, potential loss of revenue and legal fees…”

A carbon monoxide leak that prompted the evacuation of the Embassy Suites San Francisco Airport hotel in Burlingame in November prompted a lawsuit from a guest who was staying at the hotel. On Friday, a lawsuit was filed against the hotel on behalf of Robert and Diane McNamara by San Francisco-based attorney Richard Schoenberger.

Firefighters were called to the hotel at 150 Anza Blvd. to test its air quality and evacuate guests around 1 a.m. Thursday, Nov. 8, according to news reports at the time.

The carbon monoxide was traced to a boiler that feeds the hotel pool and a spa, Central County Fire Chief Don Dornell said at the time. The unit was immediately shut down, and carbon monoxide levels dissipated, he said. At the time, it was reported that there were no injuries nor was treatment required of anyone. Guests were able to return to their rooms shortly after 5 a.m. Crews remained at the hotel monitoring the air throughout the morning.

For more:  http://www.smdailyjournal.com/article_preview.php?id=1761499&title=Carbon%20monoxide%20leak%20at%20hotel%20sparks%20lawsuit

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by | January 12, 2013 · 7:49 am

Hospitality Industry Legal Risks: Restaurant Franchisee Settles EEOC “Sexual Harassment And Retaliation Lawsuit” For $2.5 Million; Managers Made Working Conditions Intolerable

The EEOC’s suit charged that Carrols subjected a class of women – including many teenagers – to egregious sexual harassment at Burger King locations throughout the Midwest, Southeast, and Northeast. EEOC alleged that the harassment, which ranged from obscene comments, jokes, and propositions to unwanted touching, EEOCexposure of genitalia, strip searches, stalking, and even rape, was perpetrated by managers in the majority of cases. According to the EEOC, Carrols also retaliated against some of the women by cutting their hours, manufacturing discipline against them, and even firing them, while it forced more women to quit because the harassment made their working conditions intolerable.

Carrols Corporation, the world’s largest Burger King franchisee, will pay $2.5 million and take significant remedial steps to settle a sexual harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The lawsuit alleged discrimination against 89 female employees around the country, many of whom were teenagers when they worked for Carrols.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Civil Action No. 98-cv-01772 FWS/TWD in U.S. District Court for the Northern District of New York) after first attempting to reach a voluntary settlement.

Under the terms of the publicly-filed consent decree resolving the case, Carrols will pay $2.5 million in compensatory damages and lost wages to the 89 victims. It also will implement a number of measures to increase employees’ awareness of Carrols’ anti-harassment policies and to improve Carrols’ response to complaints brought forward under those policies. Those measures include enhanced training for Carrols’ managers in preventing and responding to harassment; improved mechanisms for tracking harassment complaints; notices posted in all domestic Carrols Burger King locations informing employees about the lawsuit’s resolution and their rights under federal anti-discrimination laws; and an injunction prohibiting further harassment and retaliation.

For more: http://www.eeoc.gov/eeoc/newsroom/release/1-9-13.cfm

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by | January 9, 2013 · 7:34 am

Hospitality Industry Employment Risks: Maryland Restaurant Settles EEOC “Disability Discrimination And Retaliation Lawsuit” For $47,000; Deaf Prep Cook Was Harassed And Mocked

“…(the plaintiff) was harassed by a former management official because of his disability, through mockery (e.g. being called “vermin” instead of “Vernon”), and through threatening physical conduct…(his) prep cook EEOCduties were removed and that he was transferred to a dishwasher position because of his disability….In addition to the $47,814 in monetary relief to Davis, the two-year consent decree resolving the lawsuit enjoins McCormick and Schmick’s from violating the ADA, including with regard to harassment and retaliation…”

McCormick & Schmick’s Seafood Restaurant, Inc. will pay $47,814 and provide other relief to settle a disability discrimination and retaliation lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s suit, Vernon Davis, who has been deaf since childhood and uses American Sign Language and reads lips to communicate, satisfactorily performed his duties as a prep cook at the McCormick & Schmick’s National Harbor restaurant in Oxon Hill, Md. Prior to being hired by the defendant, Davis had obtained culinary training and had worked in several other restaurants.

After Davis and others complained about Davis being subjected to disability discrimination, the restaurant demoted him to a janitorial-type position and cut his hours because of his disability and in retaliation for the complaints, the EEOC charged. Four months later, McCormick and Schmick’s unlawfully fired Davis because of his disability and in retaliation for his complaints, the EEOC alleged in its lawsuit filed in U.S. District Court for the District of Maryland, Southern Division, Civil Action No. 8:11-cv-02695.

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