Tag Archives: Lawsuits

by | December 11, 2012 · 6:50 am

Hospitality Industry Legal Risks: New Jersey Hotel Sued For "Negligence" By Man Who Suffered Brain Damage In Pool Incident; "Staff Wasn't Prepared To Handle Drowning Emergency"

“…the plaintiff’s attorney, said his clients’ case also is based on a claim that the hotel’s staff wasn’t prepared to handle a drowning emergency. Hotels aren’t required to employ lifeguards but they must designate someone Pool safety No Lifeguard Signas a “certified pool operator.” In this case, the pool operator, an assistant manager, was present when plaintiff went under…but because plaintiff was unresponsive on the pool bottom by the time the pool operator pulled Brianna out of the water, and because the pool operator himself couldn’t swim, he was unable to rescue Smith before he suffered brain damage…”

A Georgia man who suffered permanent brain damage while trying to save his daughter in a hotel swimming pool was the victim of negligent owners who failed to ensure the pool area was safe, a lawyer for the plaintiff said Monday during opening arguments in the civil trial.

Robert A. Smith, 40, was overcome by water on July 4, 2009, when he tried to save his 11-year-old daughter, Brianna, after she drifted into the deep end of the Ramada Inn poll in Rochelle Park. Safeguards that should have been in place – such as visual cues indicating the water’s depth and a “life line” separating the shallow and deep ends – were missing. In combination with a pool bottom that was steeper than it should have been, the result was a “perfect storm” for hotel guests who couldn’t swim, said Greg Haddad, an attorney for Smith’s family.

“This facility, its pool, were operated in a negligent manner,” Haddad told a jury in state Superior Court in Hackensack on Monday. “The focus of this company and these people was to make money at the complete disregard for [the safety of] customers.”

The family of Robert Smith, who remains in a “minimally-conscious state” in a nursing home, is suing the owner of the Ramada Inn, Ratan R. Park, LLC., for damages, said Haddad.

In a recording of the 911 call reporting the drowning, the caller tells the emergency operator, “Somebody’s drowning inside the water. … Nobody can swim here.” Eventually, another hotel guest dove in the water to save Smith.

Smith’s condition is stable, Haddad said, and his doctors believe he could live for another 20 or 25 years. His family is asking for at least enough money to cover his medical expenses, which will amount to $7 million over his lifetime if he is cared for at home, and $12 million if he remains in a nursing home, Haddad said.

For more:  http://www.northjersey.com/news/Lawyers_debate_Rochelle_Park_hotels_liability_in_swimming_pool_case.html

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by | December 9, 2012 · 7:29 am

Hospitality Industry Health Risks: Iowa Restaurant Linked To Meat Contaminated By E. Coli That Nearly Killed Woman; Beef Processing Plant Used Mechanical Tenderizer

“…Although blading and injecting marinades into meat add value for the beef industry, that also can drive pathogens — including the E. coli O157:H7 that destroyed Lamkin’s colon — deeper into the meat…if it isn’t Risks of E. coli contamination in restaurant beefcooked sufficiently, people can get sick. Or die.

Big Beef and other processors are co-mingling ground beef from many different cattle, some from outside the United States, adding to the difficulty for health officials to track contaminated products to their source. The industry has resisted labeling some products, including mechanically tenderized meat, to warn consumers and restaurants to cook it thoroughly.

Three years ago, at age 87, Lamkin was forced to begin wearing a colostomy bag for the rest of her life after a virulent meat-borne pathogen destroyed her large colon and nearly killed her. What made her so sick? A medium-rare steak she ate nine days earlier at an Applebee’s restaurant.

Lamkin, like most consumers today, didn’t know she had ordered a steak that had been run through a mechanical tenderizer. In a lawsuit, Lamkin said her steak came from National Steak Processors Inc., which claimed it got the contaminated meat from a U.S. plant run by Brazilian-based JBS — the biggest beef packer in the world.

“You trust people, trust that nothing is going to happen,” said Lamkin, who feels lucky to be alive at 90, but beef companies “are mass-producing this and shoveling it into us.”

The Kansas City Star investigated what the industry calls “bladed” or “needled” beef, and found the process exposes Americans to a higher risk of E. coli poisoning than cuts of meat that have not been tenderized. The process has been around for decades, but while exact figures are difficult to come by, USDA surveys show that more than 90 percent of beef producers are now using it.

Mechanically tenderized meat is increasingly found in grocery stores, and a vast amount is sold to family-style restaurants, hotels and group homes. The American Meat Institute, an industry lobbying group, has defended the product as safe but recently said it can’t comment further until it sees results of an assessment by the meat safety division of the U.S. Department of Agriculture.

Read more here: http://www.star-telegram.com/2012/12/08/4469815/mechanical-tenderizers-linked.html#storylink=cpy

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by | December 8, 2012 · 7:20 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For Negligence By Woman Who Slipped On "Wet And Slick Floor"; Lawsuit Seeks $50,000 In Medical Costs And Damages

“…as she was walking to the restroom, (the woman) slipped on a wet and slick floor…she suffered severe pain slip_and_fall accidentand discomfort, incurred medical costs and endured damages of more than $50,000, the suit states…”

A woman claims she suffered severe injuries after she slipped and fell on a wet floor at a restaurant. Janet L. Althoff filed a lawsuit Nov. 26 in Madison County Circuit Court against Ali Veseli doing business as Round Table Family Restaurant.

Althoff claims she was visiting Round Table at about 2:30 p.m. on March 9 when she walked from a dining room to a unisex restroom.

Althoff blames Veseli for causing her injuries, saying the restaurant negligently failed to correct the unsafe condition and failed to warn of the wet floor. In her complaint, Althoff seeks an unspecified judgment, plus other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/250097-round-table-family-restaurant-sued-by-woman-who-claims-she-slipped-on-wet-floor

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by | December 7, 2012 · 8:59 am

Hospitality Industry Legal Risks: Florida Hotel And Spa Sued For "Sexual Abuse" Of Woman During Massage; Masseuse Used "Inappropriate Draping Techniques" And Contact

“…The suit alleges masseuse failed to use appropriate draping techniques and within 10-15 minutes, Hospitality Industry Lawsuitshe was completely naked…he proceeded to “massage” her exposed breast and lower belly, saying it was a technique in which he specialized, according to her attorney…”

A woman and her attorney have filed a lawsuit against a Miami Beach spa after she claimed she was sexually abused by a masseuse. According to the lawsuit filed in Miami-Dade County Circuit Court early Thursday morning, the unnamed woman went to the Sanctuary Hotel on South Beach with her husband on Feb. 20th and purchased a massage at the Sanctuary Spa & Salon through Groupon.

According to the suit, Fraga continued the sexual conduct by rubbing between her buttocks, legs and private parts and placed his penis in her hand. The woman has sued the Sanctuary Hotel Group, Inc.

For more:  http://miami.cbslocal.com/2012/12/06/lawsuit-woman-alleges-sex-abuse-by-masseuse-at-sobe-spa/

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by | December 4, 2012 · 8:02 am

Hospitality Industry Legal Risks: Kentucky Restaurants Sued By Cities For "Multiple False Alarms"; Thousands Of Dollars In Unpaid Fines

“…The city has filed 37 lawsuits in recent weeks — with at least 13 more pending — against the most egregious offenders, seeking thousands of dollars in unpaid fines and hoping to send a message about fixing alarms that False_Alarmswaste police time and cost taxpayer dollars…”

More than 40 times since 2008, Louisville Metro Police Department officers have made emergency runs to the Taco Bell on East Broadway, only to find they were responding to a false alarm.

Under a policy enacted in June 2005 that aims to crack down on residents and businesses who have multiple false alarms, the city has fined the Taco Bell — repeatedly — up to $500 per false alarm.

But the restaurant, like some others, has not paid its fines, which now total $10,700, according to city records.

Before police began charging fees for false burglary and hold-up alarms in 2005, officers were responding to more than 40,000 false alarms a year, Gibson said. Since then, that number has fallen dramatically, with less than 20,000 false alarm runs through October of this year.

For more:  http://www.courier-journal.com/article/20121203/NEWS01/312030096/City-sues-collect-false-alarm-fines?odyssey=nav|head

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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 | November 20, 2012 · 7:22 am

Hospitality Industry Legal Risks: Colorado-Based Restaurant Group Will Defend Itself Against Class-Action Lawsuit Alleging Overtime Violations; Company Maintains That Managerial Salaried Employees Are "Apprentices"

“…The class-action complaint…says Chipotle misclassified its “apprentices” as managerial salaried employees who don’t qualify for overtime pay. The suit contends apprentices earn salaries of $40,000 but frequently work more than 40 hours a week and often perform the duties of hourly workers, including cooking and filling orders…”

Chipotle Mexican Grill Inc. says a lawsuit alleging the Colorado- based company has failed to pay overtime to hundreds of employees is frivolous.

Chipotle spokesman Chris Arnold said the restaurant chain carefully defines the roles in its restaurants and that the apprentice position is “clearly” a managerial role ineligible for overtime, under state and federal laws.

The lawsuit seeks back pay and damages. Chipotle has about 1,350 restaurants.

For more:  http://www.insurancejournal.com/news/west/2012/11/19/271081.htm

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by | November 19, 2012 · 7:26 am

Hospitality Industry Legal Risks: Michigan Hotel Sued By EEOC For "Terminating Pregnant Housekeeper"; Employers May Not Exclude Pregnant Women Based On Their "Concerns About Safety Of Unborn Child"

“…Ramin fired a housekeeper shortly after it learned of her pregnancy. The company stated that it could not allow her to continue to work as a housekeeper because of the potential harm to the development of her baby…”

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit today charging that Ramin, Inc., a Comfort Inn & Suites franchise owner in Taylor, Mich., violated federal law when it terminated a pregnant housekeeper because of her pregnancy.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, protects female employees against discrimination based on pregnancy, and the Supreme Court has expressly rejected the notion that an employer may exclude pregnant women from employment based on its own concerns about the safety of the unborn child.

The EEOC seeks injunctive relief to prevent Ramin from discriminating against pregnant employees or applicants in the future, as well as monetary relief on behalf of the victim.  The EEOC filed suit after first attempting to settle the case through its conciliation process.

“Pregnancy discrimination is rarely subtle,” said Lauren Gibbs Burstein, attorney in the EEOC’s Detroit Field Office.  “Employers may not bar pregnant employees from work because of outdated myths or stereotypes.  The EEOC will vigorously defend the rights of pregnant workers to provide for their families by remaining employed.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-13-12c.cfm

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by | November 14, 2012 · 7:10 am

Hospitality Industry Legal Risks: Kentucky-Based Restaurant Group Faces "Telephone Consumer Protection Act" Class-Action Lawsuit For "Unsolicited Text Message Advertising"

“…each alleged violation of the act, which consists of a brand sending an unsolicited advertisement via phone call or text message without prior consent, carries up to $500 in statutory damages…text messages allegedly were sent to thousands of Papa John’s customers without their consent because OnTime4U obtained the cell phone numbers of customers from the implicated franchisees…”


A U.S. District Court judge in Seattle has certified a class-action lawsuit against Papa John’s International Inc., calling for as much as $250 million in damages for the alleged transmission of 500,000 text messages to consumers who claim they did not consent to receive such texts.

Three named Papa John’s customers and potentially many more are suing the Louisville, Ky.-based operator or franchisor of 4,000 Papa John’s Pizza restaurants for allegedly violating the Telephone Consumer Protection Act.

The lawsuit, first filed in February by Washington state resident Maria Agne, stems from text messages Agne claims she received without her consent in April 2010. The texts, which promoted Papa John’s products and offers, allegedly came from marketing services provider OnTime4U, which had contracted with several Papa John’s franchisees in the Pacific Northwest.

OnTime4U allegedly indicated to the franchisees — who operate as many as 21 Seattle-area units in Rain City’s case and 12 Portland, Ore.-area restaurants in Rose City’s case — that those messages would not be considered spam or violate the TCPA because those customers had previously ordered a pizza from the franchisees, establishing an “existing business relationship,” which exempts calls and texts from oversight of the TCPA.

According to Coughenour’s order, Kevin Sonneborn, franchisee of PJ Sound Pizza LLC, testified that customers were not asked for their permission to send text messages before their phone numbers were given to OnTime4U.

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by | November 13, 2012 · 7:41 am

Hospitality Industry Legal Risks: New Jersey Hotels Sued For "Price Goughing" During Superstorm Sandy; Fines Up To $10,000

“…(the state sued) a Howard Johnson Express in Parsippany…New Jersey law defines price gouging as an “excessive price increase,” or of 10 percent or more, during a declared state of emergency…Businesses sued by the state face penalties of $10,000 for a first offense and $20,000 for a second offense…”

New Jersey accused seven filling stations and a hotel of gouging customers during the state of emergency after Hurricane Sandy by raising prices as much as 59 percent.

The storm last week killed more than 100 people, triggered an almost 14-foot tidal surge, displaced thousands and knocked out power to millions. It crippled mass transit and interrupted supplies of gasoline.

“We warned merchants again and again not to violate the law by taking advantage of people following this catastrophe,” Chiesa said. “The fact that we have these fringe businesses that think that disasters are a profit center is troubling.”

The state Division of Consumer Affairs got 2,000 complaints about price gouging for gasoline, generators, food and lodging, according to Chiesa. About 83 percent involved gas stations, he said. About 4 percent of the state’s 2,400 gas retailers were subject to subpoenas.

For more: http://www.businessweek.com/news/2012-11-09/new-jersey-plans-price-gouging-suits-against-8-businesses

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