Category Archives: Management And Ownership

by | February 16, 2013 · 6:41 am

Hospitality Industry Legal Risks: Texas Man Born Without Hands Sues Amusement Park After “Operator Refused To Let Him On Ride”

“…after (he) complained to the park, Six Flags changed its policy for the ride he was not allowed to board. Now, a person must have “one full arm and one full leg” for entry…Bench says he hopes his lawsuit will change the Hospitality Industry ADA Lawsuitsway the park handles disabled customers and safety concerns. He says he hopes to “set a precedent that there is a better solution than what’s in place now.”

A Texas man born without hands is suing a major theme park after he was barred from a ride allegedly because of his disability. Clint Bench says he had been to the Six Flags in Arlington many times and never had a problem with the staff. But on a trip to the theme park in May, an operator refused to let him on a ride.

Bench went to guest services but had no luck. So he hired a lawyer and is now suing the park for violating the Americans with Disabilities Act.

“We repeatedly offered to resolve this with Six Flags for not a dollar. Clint was absolutely adamant when he came to me that this was not about him getting a dollar,” his lawyer Levi McCathern said.

Read more: http://www.nydailynews.com/news/national/clint-bench-flags-times-issuese-riding-knew-knew-article-1.1264187#ixzz2L4ZII2j2

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by | February 14, 2013 · 6:34 am

Hospitality Industry Legal Risks: Tennessee Hotel Sued By Guest Who Lacerated Leg On Bed Frame; $400,000 Sought For “Lost Wages, Suffering And Disfigurement”

“…a cap on the horizontal support bar of the bed frame extended out several inches from the box spring, and the cap, made of a stone-like material, was chipped, creating a sharp edge. The sharp edge was hidden by a bed Hospitality Industry Injury Lawsuitsskirt draped over the box spring, “concealing the sharp edge from plaintiff’s view…(she had to be) treated for infection and other complications from the laceration (resulting in) medical expenses, pain and suffering, lost wages, and scarring and disfigurement…”

A Florida widow and freelance author and illustrator has sued the Red Roof Inn in Clinton for up to $400,000 over a leg laceration she says she received while staying at the hotel in August. Lauretta J. Evans, 76, said she was on her way home to Florida on Aug. 7 when she stopped at the Red Roof Inn on Buffalo Road, according to a lawsuit filed in Anderson County Circuit Court on Feb. 8.

As she prepared to go to sleep, Evans said, she sat on a bed in the room and “immediately felt a sharp and intense pain in her lower left leg. Plaintiff looked down to see that she had sustained a severe laceration to her lower left leg, and perceived that she was bleeding profusely,” the lawsuit said.

It said emergency medical personnel were called to the scene, and Evans was taken to the University of Tennessee Medical Center in Knoxville.

“This concealed sharp edge constituted a dangerous condition that represented a latent defect undiscoverable by the plaintiff,” the lawsuit said.

The Red Roof Inn, also referred to in the lawsuit as Sant Partnership, had a duty to keep its place of business, including rooms assigned to patrons such as Evans, free of “latent defects and dangerous conditions,” the suit said.

For more:  http://oakridgetoday.com/2013/02/13/florida-widow-sues-clinton-hotel-over-leg-laceration/

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by | February 13, 2013 · 7:30 am

Hospitality Industry Health Risks: Bedbug Infestations Rise In 2012 With Chicago, Detroit, Los Angeles And Denver Reporting Most Treatments

“…bedbugs continue to be a problem throughout the U.S…(there is a) need to be very cautious when we travel – Bed Bugs in Hotel Roomswhether it is business or pleasure, or to visit family, friends or vacation.”

Bedbugs are on the rise again in the U.S., which means business is booming for pest control companies like Orkin. With increased travel, both internationally and domestically, and higher bedbug resistance to existing pesticides, Orkin has seen an almost 33 percent boost in bedbug business compared to 2011.

The company has just released its rankings of U.S. cities in order of the number of bedbug treatments from January to December 2012. The “Windy City” of Chicago tops the list, followed by Detroit, Los Angeles, Denver and Cincinnati.

Here are the top 50 U.S. cities, ranked in order of the number of bedbug treatments.  The number in parenthesis is the shift in ranking compared to January to December 2011:

  1.     Chicago (+1)
  2.     Detroit (+1)
  3.     Los Angeles (+2)
  4.     Denver
  5.     Cincinnati (-4)
  6.     Columbus, Ohio
  7.     Washington, D.C. (+1)
  8.     Cleveland/Akron/Canton (+5)
  9.     Dallas/Ft. Worth (-2)
  10.     New York (-1)
  11.     Dayton, Ohio (+4)
  12.     Richmond/Petersburg, Va. (-2)
  13.     Seattle/Tacoma (+14)
  14.     San Francisco/Oakland/San Jose (-2)
  15.     Raleigh/Durham/Fayetteville, N.C. (+4)
  16.     Indianapolis (+15)
  17.     Omaha, Neb. (+11)
  18.     Houston (-7)
  19.     Milwaukee (+13)
  20.     Baltimore (-2)
  21.     Syracuse, N.Y. (+2)
  22.     Boston (-8)
  23.     Colorado Springs/Pueblo, Colo. (+2)
  24.     Lexington, Ky. (-2)
  25.     Miami/Ft. Lauderdale (-1)
  26.     Hartford/New Haven, Conn. (+10)
  27.     Knoxville, Tenn. (+11)
  28.     Buffalo, N.Y. (+1)
  29.     Atlanta (-8)
  30.     Louisville, Ky. (+5)
  31.     Charleston/Huntington, W. Va. (+18)
  32.     San Diego, Calif. (-6)
  33.     Cedar Rapids/Waterloo, Iowa (+12)
  34.     Minneapolis/St. Paul (+12)
  35.     Phoenix (-1)
  36.     Pittsburgh (-6)
  37.     Honolulu (-19)
  38.     Grand Rapids/Kalamazoo, Mich. (+1)
  39.     Grand Junction/Montrose, Colo. (-1)
  40.     Nashville, Tenn.
  41.     Lincoln/Hastings/Kearney, Neb. (+7)
  42.     Albany/Schenectady/Troy, N.Y. (+2)
  43.     Charlotte (-10)
  44.     Tampa/St. Petersburg, Fla.
  45.     Sacramento/Stockton/Modesto, Calif. (-4)
  46.     Las Vegas (-30)
  47.     Greenville/Spartanburg/Asheville, S.C.
  48.     Champaign/Springfield, Ill.
  49.     Portland, Or.
  50.     Sioux City, Iowa

For more: http://ehotelier.com/hospitality-news/item.php?id=A24912_0_11_0_M

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by | February 12, 2013 · 6:59 am

Hospitality Industry Legal Risks: New York Restaurant Sued By Woman Hit By Car Outside Building; Neglected To Install “Curbs And Bollards”

“…the (plaintiff’s attorney) said Wendy’s only installed pedestrian safety blocks after the crash in December. He said if the restaurant had curb stops and bollards in place at the time of the incident, the tragedy would Hospitality Industry Injury Lawsuitshave been prevented…”

Theresa DiMilia and her 11-year-old daughter Samantha walked out of the Wendy’s restaurant on December 4 in Williston Park when suddenly a car being driven by an elderly woman smashed into them and pinned them against the wall. “The pain was so unbearable. I remember my daughter Samantha asking me if she was dead — ‘Am I alive mommy, am I alive?’” Theresa DiMilia told 1010 WINS’ Mona Rivera.

Their legs were crushed. Samantha DiMilia was treated and released after suffering a severely fractured leg. Now, two months later, Samantha is walking again, but Theresa DiMilia is still in a wheelchair after having both legs fractured in the incident.

The lawsuit names the driver of the vehicle who hit the DiMilias — 75-year-old Margaret Hogarty of Mineola — as well as Wendy’s International Inc. and Westbury Properties, LLC, which owns the property where the restaurant is located, as defendants.

For more:  http://newyork.cbslocal.com/2013/02/11/wendys-named-as-defendant-in-multimillion-suit-filed-by-injured-mother-daughter/

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by | February 11, 2013 · 7:15 am

Hospitality Industry Property Risks: Hawaii Restaurant Kitchen Fire Caused By Gas Leak In Deep Fat Fryer; Flames Spread Through Ventilation System Resulting In $2.5 Million In Damage

“…the cause of the fire was an accidental gas leak to a deep fat fryer.  The cause of the leak is undetermined.  A pilot light in the appliance was the source of ignition for the leaking gas…the flames spread quickly through Restaurant Firethe ventilation system, creating a challenge for firefighters…”

Honolulu Fire Department investigators said the fire started in the kitchen of The Cheesecake Factory at the Royal Hawaiian Shopping Center just before 3:30am Friday.

Damage is estimated at $2,500,000.  This includes damage to the restaurant’s kitchen, exhaust duct and smoke damage to adjacent businesses in the shopping center.

A restaurant cleaning employee described hearing an explosion and tried putting out the fire with an extinguisher.

“The ducting system is designed to move cooking grease and smoke up to the roof where there’s penetration,” said Capt. Terry Seelig, HFD spokesman. Shocked employees watched helplessly as crews worked to contain the fire.

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by | February 10, 2013 · 8:14 am

Hospitality Industry Health Risks: “Norovirus Food Poisoning” Class-Action Lawsuit Filed Against Wyoming Restaurant; Health Department Report Confirms Outbreak Source

“…according to the WDOH, 31 employees who worked at the Golden Corral restaurant were infected with norovirus while working…the lawsuit was filed on behalf of (those who) purchased food or drink at the Golden Norovirus OutbreakCorral Casper restaurant between November 20, 2012 and December 13, 2012 and (were exposed to) diarrhea and vomiting from multiple employees of the Golden Corral…”

Customers of the Casper, Wyoming Golden Corral filed a class action lawsuit against the restaurant Friday, alleging they were part of a norovirus food poisoning outbreak that was traced to food served at the restaurant in December. The lawsuit was filed in Federal District Court in Wyoming (Case Number 13CV024J) by Jason Ochs of The Ochs Law Firm and William Marler of Marler Clark.

According to a Wyoming Department of Health (WDOH) report, at least 305 patrons of the Casper Golden Corral restaurant became ill with norovirus infections after eating at the restaurant between November 17, 2012 and December 19, 2012. Norovirus infection causes nausea, diarrhea and/or vomiting and is highly infectious. Investigators from the Wyoming Department of Health Infectious Disease Epidemiology Program and Casper-Natrona County Health Department stated in their report that they were not able to determine exactly how norovirus was introduced to the restaurant, but said ill food-handlers could have contributed to the spread of norovirus among Golden Corral patrons.

The complaint states that named plaintiff Paul Feyhl, a Casper resident, ate at the Golden Corral restaurant on December 8, 2012 and subsequently fell ill with norovirus. According to court documents, the lawsuit was filed on behalf of Mr. Feyhl and “others similarly situated” who purchased food or drink at the Golden Corral Casper restaurant between November 20, 2012 and December 13, 2012 and whose exposure to norovirus was caused by:

1.    Exposure from diarrhea and vomiting from multiple employees of the Golden Corral
2.    Consumption of contaminated food and drink prepared by Golden Corral employees
3.    Exposure to, or close proximity with, persons who ate food or drink at the Golden Corral restaurant or were exposed to the restaurant’s infected employees.

For more:  http://www.prweb.com/releases/2013/2/prweb10414517.htm

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by | February 8, 2013 · 7:52 am

Hospitality Industry Legal Risks: New York Restaurant Sued By Former Delivery Workers For Deducting Money To Pay For “Online Order Service Fees”

“…the judge (stated) that tip deductions “were only permissible to the extent that they ‘did not enrich [the employer], but instead, at most, merely restored it to the approximate financial posture it would have occupied Hospitality Industry Lawsuitif it had not undertaken to collect credit card tips for its employees…the restaurant unlawfully retained almost $17,000 and compared the practice to passing on the cost of rent or materials to delivery workers…”

A lawsuit brought by former delivery workers against an Upper West Side restaurant that deducted money from their tips to pay the service fees of food-delivery Web sites can proceed, a federal judge has ruled. The ruling came in a suit filed against Indus Valley, on Broadway at West 100th Street, where eight former delivery workers say the restaurant kept 12 to 15 percent of their tips when customers placed their orders through services like Seamless and Grubhub.com.

Indus Valley sought to have the suit dismissed. It admitted to withholding the workers’ tips but said the practice was permissible to recoup fees charged by online delivery sites, in the same way that restaurants are allowed to deduct a percentage from tips left via credit card to cover credit card companies’ fees for converting those tips to cash.

But the judge, Alison J. Nathan of United States District Court for the Southern District of New York, rejected both Indus Valley’s argument and its request to dismiss the suit. A representative from Indus Valley declined to comment.

The service agreements with the delivery Web sites included charges for commissions and “advertisement fees,” in addition to  credit card processing fees. The agreements, Judge Nathan wrote, “suggest that Indus Valley deducted from gratuities costs beyond those incurred as the result of converting credit card gratuities to cash.”

A lawyer for the workers, Jane Chung, said that labor law bars restaurants from taking from workers’ tips without an explicit exemption, and said that the judge’s ruling effectively declares Indus Valley’s practice illegal.

For more:  http://cityroom.blogs.nytimes.com/2013/02/05/restaurant-loses-effort-to-have-ex-delivery-workers-suit-dismissed/

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by | February 6, 2013 · 6:02 pm

“2013 Hospitality Law Conference”: Petra Risk Solutions To Host The “Convergence Of Risk Management, Legal Compliance And Loss Prevention” Workshop On Feb 11

Hospitality Law Conference flyer-page-001

Hospitality Law Conference flyer-page-001

Hospitality Law Conference flyer-page-001

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by | · 4:21 pm

The “11th Annual Hospitality Law Conference” Welcomes Inaugural “Hotel Owner Management Summit” On Feb 11-13 In Houston, TX

2013 Hospitality Law conf-page-001

The 11th Annual Hospitality Law Conference, located at the Omni Houston Hotel, is the leading conference dedicated to hotel and restaurant legal, safety, and security issues. Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders around the most pressing issues in the hospitality field. These exciting and educational sessions are crafted to bring attendees up to speed and anticipate future challenges.

2013 Hospitality Law Conference Brochure

Click on “Hospitality” to view Conference Brochure

This year, we are pleased to announce the inaugural Hotel Owner Management Summit (HOMS) that will be co-located at the Hospitality Law Conference (HLC) on February 11, 2013. The HOMS features three tracks that include the New Hotel Development, Management Agreements, and Hotel Investments Boot Camp. With new hotel development on the rise again, this is a great opportunity for owners, brokers, developers, management companies, lenders, receivers, asset managers, and attorneys to converge and discuss the latest trends and best practices. Lawyers learn about the financial aspects of deals and the financial experts have a better understanding of the legal and compliance aspects.

The Conference provides intensive education and exceptional networking among legal, development, risk, finance, HR and operations. (CLE, CPE, HRCI and AH&LA EI credits are available for attendees.)

Conference Schedule-at-a-Glance

February 11th Pre-Conference Workshops

  • The Convergence of Risk Management, Legal Compliance, and Loss Prevention
  • Restaurant and Hotel Corporate Counsel

February 11th Hotel Owner-Management Summit New Hotel Development

  • Management Agreements
  • Hotel Investments Boot Camp

February 12th-13th Hospitality Law Conference General Sessions

  • Lodging
  • Human Resources & Labor Relations
  • Food & Beverage

Register today to attend the conference! Further conference information can be found at http://www.hospitalitylawconference.com/. Please contact Janet Le at janet@hospitalitylawyer.com or call us at 713-963-8800 for additional inquires.

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by | · 8:11 am

Hospitality Industry Legal Risks: Louisiana Hotel Sued By Lobby Concierge For “Age Discrimination”

“…she was terminated in June 2012 from her position as a lobby concierge. At the time of her termination, she Hospitality Industry Lawsuitwas 53 years old…the plaintiff is asking for an award of damages for loss of pay, pain and suffering, mental anguish and distress, medical expenses, interest, and attorney’s fees…”

A former Ritz-Carlton concierge has filed an age discrimination lawsuit claiming she was terminated from her position due to her age and not because she left her shift two hours earlier than scheduled. Claudette Breve filed suit against The Ritz-Carlton Hotel Co. on Jan. 11 in federal court in New Orleans.

Breve began working at the Marriott Hotel in New Orleans in February 1998 and transferred to the Ritz-Carlton Hotel in September  2000.

According to the court record, the defendant states it terminated Breve from her position because she violated hotel policies by leaving work early without the authorization of her supervisor. In response, Breve admits she left her shift early and states that she had arranged for another concierge to cover her shift. The other concierge failed to complete Breve’s shift and the replacement concierge arrived late for a shift. Breve and the person she arranged to complete her shift were fired over the incident, court documents state.

The defendant is accused violating the Age Discrimination in Employment Act.

For more:  http://louisianarecord.com/news/248884-ritz-carlton-concierge-files-age-discrimination-lawsuit-after-termination

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