Tag Archives: Settlement

by | April 28, 2015 · 9:00 am

Hospitality Industry Risk Management Update: “Settlement Deal Reached in Hotel Pool Electrocution”

The investigation showed that the Hilton Westchase did not meet city, state, and national electrical codes and that the pool did not have ground fault circuit interrupters (GFCI) on the pool lighting systemHouston Hilton – which are standard safety features in pool construction, or kitchen and bathroom design, where electrical systems might come in contact with water.

A final civil settlement was reached Monday in a hotel swimming pool electrocution death that a devastated family claimed was “gross negligence of epic proportions.”

Raul Hernandez Martinez, 27, died 6 days after the 2013 Labor Day weekend incident.

He and his family had gathered at the Hilton Houston Westchase hotel and several family members were in the hotel swimming pool when the pool lights came on.

Martinez’ little brother David Duran, 11, began to convulse in the deep end of the pool. Their mom, Maria Isabel Duran, tried to reach the boy but was shocked unconscious by the electrical current.

Family members pulled her from the pool where she was revived via CPR. Martinez, meanwhile, reached his little brother and pushed him to the edge where others pulled the boy out.

But Martinez became motionless as the current continued to surge through the pool.

Rescued and revived, he never recovered and was removed from life support 6 days later.

For more: http://bit.ly/1PSDdPN

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by | October 11, 2013 · 5:27 am

Hospitality Industry Legal Risks: Connecticut Hotel Owners Settle “Negligence Lawsuit” For $1 Million; Woman Tripped Over “Bunched, Wrinkled Carpet” Which Required “Elbow Replacement Surgeries”

“…(the plaintiff) was walking from the restaurant to the front lobby when she tripped on a bunched and wrinkled carpet, catching her toe on it Hospitality Industry Injury Lawsuitsand landing on her elbow…(she) had five surgeries, and when the elbow would not heal right, underwent a total elbow replacement…her medical bills totaled $240,000, which will be repaid with proceeds from the settlement, he said…as early as 2009, Holiday Inn, which was threatnening to pull the hotel’s license because of various maintenance issues, had inspected the hotel and reported that the carpet in the restaurant was loose…(attorneys) discovered that members of the hotel staff had tripped on the rug and complained to the management…”

The owners of the former Holiday Inn on North Frontage Road agreed this week to pay $1 million to a 77-year-old St. Louis woman who fractured her elbow after tripping over a loose carpet and falling as she exited the hotel’s restaurant. Heritage New London LLC, the corporation that owns the property and managed the hotel agreed to the settlement after five days of jury selection in New London Superior Court.

Norma Minke was part of a visiting tour group that stayed at the hotel on October 3, 2010, according to her attorney, Joseph M. Barnes of the Reardon Law Firm.

During the discovery process, Barnes said he deposed the corporation owner, Sunil Nayak of Princeton, NJ. Barnes said he learned that as early as 2009, Holiday Inn, which was threatnening to pull the hotel’s license because of various maintenance issues, had inspected the hotel and reported that the carpet in the restaurant was loose. The report specifically identified the location of the incident, Barnes said. He also discovered that members of the hotel staff had tripped on the rug and complained to the management.

For more:  http://www.theday.com/article/20131010/NWS02/131019970/1047

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by | May 12, 2013 · 6:52 am

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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by | November 30, 2012 · 7:28 am

Hospitality Industry Employment Risks: Arizona Restaurant Settles EEOC "Pregnancy Discrimination" Lawsuit For $15,000; Servers Removed From "Sunday Football Schedule"

“…The EEOC’s lawsuit…charged that Sandbar instituted a policy of removing pregnant women from its Sunday schedule at its Peoria restaurant in an attempt to allegedly satisfy its male Sunday football EEOCcustomers… it believed its male customers did not wish to see pregnant women while they watched Sunday football games. Working on Sundays during football season was the most or one of the most lucrative shifts during the week for the pregnant employee…”

A Peoria, Ariz., restaurant will pay $15,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had alleged that West Sand, LLC, doing business as Sandbar Mexican Grill, unlawfully removed a pregnant employee from working on Sundays during football season because she was pregnant.

According to the EEOC, pursuant to this policy, Sandbar removed a pregnant woman from its lucrative Sunday schedule, causing her a significant loss of income. Sandbar denied the discrimination.

Sandbar Mexican Grill will pay $15,000 to the female employee to resolve this EEOC case. Under the consent decree settling the suit, Sandbar also must also (1) provide anti-discrimination training for all employees who work at its Peoria location; (2) review and revise, if necessary, its policies to ensure they prohibit sex and pregnancy discrimination as well as retaliation and ensure a strong and clear commitment to a workplace free of such bias; (3) investigate allegations of sex discrimination, pregnancy discrimination and retaliation promptly, fairly, reasonably, and effectively and ensure that appropriate corrective action is taken; and (4) post a notice that sex and pregnancy discrimination -or retaliation for complaining about it – is unlawful.

“Pregnancy discrimination remains a persistent problem in the 21st-century workplace,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Employers cannot disadvantage the terms and conditions of a pregnant employee’s work to satisfy an assumed customer preference about the physical appearance of employees, which is likely untrue in any event.”

EEOC District Director Rayford Irvin added, “The EEOC will continue to be vigilant in rooting out pregnancy discrimination. This type of unlawful exclusion is never a winning game plan.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-28-12a.cfm

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by | October 18, 2012 · 6:12 am

Hospitality Industry Health Risks: North Carolina Restaurant Settles "Food Contamination" Class-Action Lawsuit For $375,000; Hundreds Had To Be Vaccinated For Hepatitis Virus

“…the lawsuit alleged that the restaurant chain exposed customers to potentially contaminated food or people, cost them wages and medical expenses, and caused fear and physical pain…a $375,000 fund has been set up by the restaurant’s parent company… to settle a class-action lawsuit…”

A lawsuit has been settled involving hundreds of people who had to be vaccinated after eating at a Fayetteville restaurant last year. The Fayetteville Observer reported those who were immunized after eating at the Olive Garden restaurant are eligible for payments of up to $250.

Hundreds of people got vaccinations after learning that one of the restaurant’s workers had tested positive for the virus, which causes liver inflammation.

Florida-based GMRI denied any wrongdoing but said it wanted to settle to end the litigation.

For more:  http://www.northjersey.com/news/health/174592761.html

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by | September 22, 2012 · 6:04 am

Hospitality Industry Legal Risks: Indiana Hotel Settles "Racial Discrimination Lawsuit" With EEOC For $355,000

The operators of an Indianapolis hotel have agreed to pay $355,000 to settle allegations they underpaid and fired African-American housekeepers because of their race…the settlement will be divided among 75 employees or job applicants.

The U.S. Equal Employment Opportunity Commission announced Friday that it had filed a consent degree in federal court with     Noble Management LLC and New Indianapolis Hotels LLC, which operate the Hampton Inn on Shadeland Avenue on Indianapolis’ north side.

The agency says the companies also retaliated against black employees who complained about racial bias. The EEOC also says the hotel regularly excluded African-American job applicants who were equally or better qualified than the Hispanic applicants it hired as housekeepers.

For more:  http://www.ibj.com/indy-hotel-to-pay–355-000-to-settle-race-lawsuit/PARAMS/article/36844

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by | September 18, 2012 · 6:12 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Settles "Class-Action Discrimination Lawsuit"; Employees Denied Promotion Can Get Compensation For "Lost Opportunities"

The lawsuit said that the company relegated black employees to  back-of-the-kitchen work and denied them promotional opportunities…Under the settlement, anyone who worked for Covelli’s Panera franchises from  Jan. 11, 2008, through Jan. 11, 2012, for more than one year, and applied for or  wanted a promotion, can get compensation for alleged lost opportunities…for  each hour worked after their first year, they can get 70 cents — roughly what  they would have gotten through a one-level promotion.

Around 200 to 300 current or former employees of Panera Bread franchisee  Covelli Enterprises stand to get payments under a class action lawsuit  settlement that won preliminary approval from a federal judge at a hearing  today.

Attorney Sam Cordes, who represents Mr. Vines and the class of employees,  told U.S. District Chief Judge Gary Lancaster that the settlement terms will  soon be published in newspapers in areas in which Covelli franchises  operate.

Judge Lancaster gave the settlement his initial nod, though he is expected to  hold a hearing to hear any objections from class members. Neither Mr. Cordes nor the attorney for Covelli would comment after the  hearing. Neither had an estimate of the costs to the firm.

In addition to the payments to black employees, Mr. Vines would get $10,000  and Mr. Cordes $66,000 under the settlement agreement.

Read more: http://www.post-gazette.com/stories/local/region/panera-class-action-settlement-gets-preliminary-approval-653740/#ixzz26pWk7kLY

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