Tag Archives: Lawsuits

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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Filed under Crime, Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Legal Risks: California Hotel Faces Class-Action Lawsuit Over “Fixed Percentage Withholdings” From Room Service Tips; Violation Of California Labor Law

“…(plaintiff) claims the hotel pools the tips of its room service delivery staff and withholds a fixed percentage of them…the withholdings, which have been standard policy since at least 2003, violate California labor Hospitality Industry Class Action Lawsuitslaw…he seeks compensatory and exemplary damages for unfair competition, conversion and money had and received…”

Hyatt Hotels and the Manchester Financial Group steal workers’ tips to cover “glass breakage,” whether employees have broken any glasses or not, a class action claims in Superior Court. Former room service delivery worker Leonardo Acosta sued Host Hotels and Resorts, Manchester Financial Group and Hyatt Hotels Corp.

“Hyatt and the other defendants maintain that the monies are withheld pursuant to Hyatt’s policy of reimbursing themselves for purported ‘glass breakage.’ The same percentage of gratuities was withheld from all room service delivery workers in plaintiffs’ tip pool, without regard to the amount of breakage, if any, during any pay period.

The same percentage of gratuities was withheld from all room service delivery workers in plaintiffs’ tip pool, without regard to whether any purported breakage was caused by any dishonest or willful act, or by the gross negligence of any employee … [and] without regard to the individual, if any, responsible for the alleged breakage,” Acosta claims.

For more:  http://www.courthousenews.com/2013/01/02/53536.htm

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

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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Filed under Claims, Guest Issues, Injuries, Insurance, Liability, Management And Ownership

Hospitality Industry Legal Risks: California Restaurant Chain Sued By Handicapped Woman For ADA Violations; Claims "Severe And Pervasive Accessibility Barriers"

“…(accessibility) barriers include having to cross the drive-through lane to reach the restaurant’s main entrance from the accessible parking area, excessive slopes in the path of travel to that entrance and ordering Hospitality Industry ADA Lawsuitslines too narrow for wheelchair users. The suit also claims wheelchair-using customers can’t reach the drinks and condiments on the service counter or slide the chair under the tabletops to dine…”

A wheelchair-bound woman who has eaten at a Redwood City Taco Bell at least twice a month for several years is suing the company for not complying with handicap access standards, saying she has been left humiliated by having others place her order or only procuring food through the drive-through window.

Susan Seales was part of a decade-old class action lawsuit against Taco Bell in which a federal judge ultimately ordered the upgrade of more than 200 California restaurants. However, in July 2012, the court also decertified the class for damage claims and Seales is now seeking that relief though the San Mateo County Superior Court.

Seales has lumbar stenosis which leaves her unable to walk or stand, according to the lawsuit filed Dec. 27. Between roughly 2002 and now, Seales has visited the Taco Bell at 2693 El Camino Real several times and from 2002 to 2009 dined inside the restaurant twice a month. From 2009 on, though, she has only used the drive-through to buy food which she eats in the parking lot because of the “severe and pervasive” accessibility barriers, the suit states.

Seales’ daughter or another customer would have to place her order as a result, giving her “discomfort, embarrassment and distress.”

For more:  http://www.smdailyjournal.com/article_preview.php?id=1760625&title=Woman%20suing%20Taco%20Bell%20for%20ADA%20issues

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Filed under Guest Issues, Insurance, Liability, Management And Ownership

Hospitality Industry Legal Risks: Family Of Man Who Died At "After-Hours Party" Files "Wrongful Death" Lawsuit Against Washington Restaurant; Victim Was "Over-Served" Alcohol, Did Not Receive Assistance

“…The injury occurred during an after-hours party hosted by the establishment’s general manager, who allegedly gave Lee liquor and marijuana…(the lawsuit alleges) that the restaurant broke the law by hosting an Alcohol Drink Responsiblyafter-hours party and put Patrick Lee in danger by over-serving him liquor, then failing to summon assistance when he was injured…”

The father of a man who died after allegedly falling and hitting his head during a party at a Puyallup restaurant has filed a wrongful-death lawsuit against the business. Attorneys for David Lee filed the lawsuit on his behalf this month in Pierce County Superior Court.

Lee is the father of Patrick Lee and the representative of the younger man’s estate. He seeks unspecified damages from Mis Tres Amigos, a family-owned Mexican restaurant with locations in Puyallup and Lakewood.

Patrick Lee, 22, died in November 2010 allegedly after becoming extremely intoxicated at the restaurant, the lawsuit states.

Instead of summoning help for Lee, the general manager and one of Lee’s friends “left him in a booth and continued to party,” the lawsuit alleges.

Lee was found the next morning unresponsive and having difficulty breathing. The general manager and Lee’s friend took him to Good Samaritan Hospital in Puyallup. He eventually was transferred to Harborview Medical Center in Seattle, where he was declared brain dead and removed from life support.

Read more here: http://www.thenewstribune.com/2012/12/25/2414300/man-sues-puyallup-eatery-says.html#storylink=cpy

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Filed under Claims, Guest Issues, Injuries, Insurance, Labor Issues, Management And Ownership

Hospitality Industry Legal Risks: Workplace Discrimination Lawsuits Increase As Companies Employ "Ethnically Diverse Labor Force"; Hotel Worker Mocked For His "Accent" Awarded $500,000 Settlement

Earlier this year, an Iraqi hotel worker in Phoenix won a $500,000 settlement from the Four Points Sheraton. EEOCHe claimed his co-workers mocked his accent and called him derogatory names. According to the EEOC, the worker’s managers didn’t take his complaints seriously, which made his workplace situation intolerable.

Workplace discrimination complaints based on national origin, including those involving language ability, increased by 76 percent from 1997 to 2011, according to the EEOC. The agency says the trend reflects a more ethnically diverse labor force.

Civil rights advocates say workplaces have become more hostile toward workers who don’t speak perfect English.

“There’s definitely a climate of fear that’s bad for everyone,” John Mejia, legal director for the American Civil Liberties Union (ACLU), told Insurance Journal.

Some workers have won large settlements in accent-related lawsuits.

For more:  http://www.insidecounsel.com/2012/12/26/accent-related-discrimination-suits-on-the-rise-sa

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

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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Filed under Claims, Employment Practices Liability, Injuries, Insurance, Labor Issues, Management And Ownership, Training

Hospitality Industry Legal Risks: Connecticut Hotel Guilty In "Wrongful Death" Lawsuit Filed By Family Of Man Killed By Hotel Van; Jury Awards $2.3 Million For Driver's Negligence

The jurors ruled both Coleman and Campos were at fault in the accident. But the jurors said Coleman, and thus LaQuinta as well, were responsible for 58 percent of the negligence and Campos was responsible for 42 Hospitality Industry Lawsuitpercent…the (victim) was found to share some of the negligence probably because “no one can say for sure” if he obeyed a stop sign…the (driver) did not have a stop sign…”

“…The lawsuit also alleged (driver) was using a cellphone in violation of state law…the jurors awarded $1,709,840 in damages to the victim’s estate and $580,000 in damages to the widow…”

The family of Jose Mauricio Campos Thursday won a jury verdict of nearly $2.3 million in a wrongful death lawsuit against a hotel corporation and its employee, the driver of a van that struck Campos. Campos, 52, was riding a bicycle at about 6:45 p.m. Sept. 15, 2008 when he was hit by the van, operated by Robert Edward Coleman, near the intersection of Westfield and Gilbert streets in West Haven.

Coleman was a defendant in the civil suit, along with his employer, LaQuinta Inn and Suites, owned by LQ Management. He and the corporation were found to be equally liable.

Campos, who was not wearing a helmet, was thrown to the pavement by the impact and suffered a serious head injury. He died three days later at Yale-New Haven Hospital after emergency surgery. The plaintiff was his wife, Gregoria Campos of West Haven. The Camposes had three sons, now adults.

For more:  http://nhregister.com/articles/2012/12/22/news/new_haven/doc50d67c73417dd288959464.txt

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Filed under Claims, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

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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Filed under Claims, Guest Issues, Injuries, Insurance, Liability, Maintenance, Risk Management

Hospitality Industry Property Risks: West Virginia Restaurant Fire Caused By "Malfunction Of Freezer Compressor Unit"; Court Rules Owners May Not Seek Damages To Rebuild Business

After an investigation, the cause of the fire was found to have been a malfunction of the compressor unit and/or power cord…the plaintiffs claim the freezer was not safe for its intended use and also made claims of Restaurant Firedefective design, breach of implied warranty and negligence.

Porker’s made claims for destroyed property and lost business during restoration, but Goodwin’s Dec. 7 ruling concerned three types of other damages requested. They were the cost to build a new Porker’s, lost franchise and royalties fees and the cost of preparing the franchise agreement…Goodwin wrote Porker’s was harmed by the fire but not destroyed, and the insurance payouts were designed to get business resumed. The company requested $105,935 to rebuild in its lawsuit.

After being told it could not seek damages to rebuild itself, Porker’s Bar-B-Q settled its lawsuit against General Electric and Wal-Mart on the eve of trial. The lawsuit claimed they were responsible for property damages from a fire caused by a freezer GE made and Wal-Mart sold. It was filed in 2011 by Jack Bruer and Pam Napier, the owners of Jack and Pam’s who operated Porker’s, and the settlement was entered 10 days after U.S. District Judge Joseph Goodwin granted the defendants’ motion for summary judgment.

The plaintiffs claimed a General Electric freezer bought three years earlier at a Sam’s Club store caught fire and destroyed the business premises of Porker’s, located in Cross Lanes, on Aug. 19, 2009.

Despite insurance company payouts, Porker’s has been out of operation since the fire. During its years of operation, Porker’s never turned a profit, Goodwin wrote.

“The defendants rightfully point out that the plaintiffs stated in their deposition testimony that Porker’s restaurant closed not because of the fire but because the landlord refused to renew their lease,” Goodwin wrote.

Bruer planned to go back to business after repairs were completed, but they never got the chance. The plaintiffs claim the fire was still the proximate cause of the restaurant because it led to the breakdown in the relationship between them and the landlord.

Goodwin found that a reasonable jury could not agree with that argument.

For more:  http://wvrecord.com/news/256425-bbq-restaurant-settles-case-over-fire

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Filed under Business Interruption Insurance, Claims, Fire, Insurance, Maintenance, Management And Ownership