Tag Archives: Negligence

by | August 23, 2012 · 6:05 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Owners Sued For $550,000 For "Negligence" In Alcohol-Related Shooting Death Of Patron

“… the defendants (are accused) of violating the Illinois Wrongful Death Act… were negligent for failing to take reasonable actions to protect customers, allowing a patron with weapons to be on the premises and allowing people inside the restaurant who were “quarrelsome, disorderly, hostile and vicious.”

The family says they have lost their means of support while also suffering a loss of society, consortium, guidance and companionship. The Ortizes ask to be awarded more than $550,000 in damages plus courts costs.

A Pontoon Beach restaurant is accused of causing the death of a Granite City man who was shot and killed there last year. Brenda Ortiz, as special administrator of the estate of Jesus Ortiz-Flores, and Luis F. Ortiz filed a lawsuit Aug. 15 in Madison County Circuit Court against La Mexicana Inc., also known as La Mexicana Restaurant Inc., Orlando Gudino, Berzain Gudino and Oscar Guidno. Choteau Properties Inc. is also listed as a defendant.

The 37-page lawsuit stems from a shooting that happened at La Mexicana on Chouteau Trace Parkway in Pontoon Beach on August 19, 2011, the suit states. According to statements made by police to media immediately following the incident, Jesus Ortiz-Flores, 20, was shot once in the head in the parking lot of the La Mexicaca restaurant and died immediately. Plaintiff Luis Ortiz, who was 18 at the time, was allegedly shot multiple times during the incident but survived.

Brenda Ortiz and Luis Ortiz accuse La Mexicana restauraunt, the owners and managers and Choteau Properties, the owner of the building, of directly contributing to the shootings. The Ortizes contend the restaurant served alcohol to the alleged shooter, Fernando Gallegos, 17, allowing him to become intoxicated and then attack Ortiz-Flores, causing his death. They say the defendants’ actions constitute a violation of the Illinois Dram Shop Act.

For more:  http://www.madisonrecord.com/news/246266-la-mexicana-restaurant-in-pontoon-beach-sued-over-shooting-death

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by | June 29, 2012 · 7:07 am

Hospitality Industry Employee Risks: Illinois Restaurant Sued For $50,000 By Guest Claiming "Battery And Negligence" After Employee Assault

“…(restaurant employee) came from behind  the pick-up counter to attack Shears, “violently pushing her the glass front  door causing the glass door to shatter” and severely injure Shears’ leg,  according to the suit…Shears is suing (employee) and the restaurant for battery and negligent and  intentional infliction of emotional distress…”

A woman is suing a Chicago restaurant and its employee for  $50,000 after she claims she was violently thrown through a glass door for  requesting extra packets of sauce.

A lawsuit filed this week in Cook County Court states the incident happened  after Chicago resident Tiawanda Shears placed a to-go order at the New China Wok  Limited, at 752 W. Garfield Blvd., on May 14. 

After receiving her food, Shears noticed the order contained  only one sauce packet and “politely” asked employee Hui Tian Wu for more sauce,  according to the lawsuit.

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by | June 2, 2012 · 6:40 am

Hospitality Industry Legal Risks: Widow Sues Missouri Sports Bar For "Wrongful Death And Negligence" After Party Tent Collapsed During High Winds

The lawsuit claims the bar was  negligent in failing to properly inspect the tent and by allowing customers  underneath it, even as weather forecasts warned of dangerous conditions…Kilroy’s had obtained a city permit for the tent April 11. But city officials  noted that their inspectors have no way to test a tent for structural strength  to make sure it can withstand 90 mph winds, an industry standard cited in the  local ordinance.

The wife of a man killed in the April 28 storm accident at Kilroy’s Sports Bar has filed a wrongful death suit against the pub and the company that  leased and installed the tent that collapsed on more than  100 patrons. Alfred Goodman, 58, of Waterloo, suffered head and neck injuries when  heavy wind gusts — estimated at up to 50 mph — lifted a party tent at the bar  from its moorings and pushed it and its heavy metal posts against a railroad  trestle.

Goodman was pronounced dead at St. Louis University Hospital. Another 16  people went to the hospital, and about 100 total were treated on the scene, for  a range of injuries.

Read more: http://www.stltoday.com/news/local/crime-and-courts/lawsuit-filed-by-widow-of-man-killed-in-st-louis/article_1a4c7cce-abfb-11e1-9dc8-001a4bcf6878.html#ixzz1we8mnojm

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by | May 21, 2012 · 6:19 am

Hospitality Industry Legal Risks: Texas Hotel Sued By Woman For "Negligence And Defamation" After Air Conditioning Unit In Room Causes Fire

 “…she lost her laptop, college course materials and “over 30 billable hours worth of work for freelance architecture jobs she was in the process of completing at the time the fire occurred.”

      She seeks damages for negligence and defamation.

A woman claims in court that she had to spend the night in a “fire-ravaged” hotel room among her charred personal belongings, while hotel employees spread false rumors that she had “tried to burn the hotel down.”      LaTanya Stevenson sued Hotel USA Partners LLC dba Crowne Plaza Austin, in Travis County Court.      Stevenson, a state worker, claims she attended a three-day regional administrative service conference at the Crowne Plaza in November 2011.      She says the hotel gave her a room where the air-conditioner was stuck on the coldest setting. Unable to budge the “black and nonresponsive” temperature controls, Stevenson says, she reported the problem to the front desk.

“When Ms. Stevenson was finally given an opportunity to speak to a member of the fire department, she learned from the fire marshal that the malfunctioning air conditioning unit, not her laptop was the root of the fire,” the complaint states. “She got back to her room to find all of her belongings either severely damaged by the water from the sprinkler system or charred by the flames, which emanated from the bad climate control unit.

For more:  http://www.courthousenews.com/2012/05/21/46648.htm

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by | January 12, 2012 · 7:00 am

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

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