Posted on 12/06/2010 12:15:18 PM PST by freespirited
The Michigan Supreme Court has refused to throw out Sheri Schooley's lawsuit against Texas Roadhouse in suburban Detroit. Liberal justices were in the majority in a decision that raises questions about what businesses need to do to protect themselves from liability in strange situations.
Schooley, 58, acknowledged it's a "bizarre story." She and her husband were out for dinner on New Year's Eve 2007 when she visited the restroom.
"I reached and the cover of the toilet paper dispenser fell down on my hand," the South Rockwood woman told The Associated Press on Monday. "It looked like the dispenser was up but it wasn't latched...."
But the pain didn't fade, she said, and her husband had to cut her steak. When Schooley returned to work, she couldn't use a stapler. Diagnosis: broken bone....
Three years later, "I still cannot use the hand. I have no grip," said Schooley, who had to quit her job as an administrative assistant because she couldn't type.
A Wayne County judge and the state appeals court have refused the restaurant's request to dismiss the lawsuit. The Supreme Court has twice followed the lower courts, most recently in an order released Saturday.
There is no evidence that restaurant employees inspected "toilet paper dispensers to see if they were closed," Chief Justice Marilyn Kelly wrote...
The court's three conservative justices said the liberal majority was overreaching. In a biting dissent, Justice Stephen Markman noted that the restroom was checked for wet floors and other obvious problems every 15 to 30 minutes.
Texas Roadhouse "apparently also had a legal duty to inspect for hazards that could not reasonably have been anticipated, such as a toilet paper dispenser opening unexpectedly," Markman wrote sarcastically....
(Excerpt) Read more at washingtonpost.com ...
thats a load of crap ...
I don’t understand how this caused her long term injury.
This can’t end well.
I take it she was sitting down (is this being indelicate?) She reaches for the TP dispenser which is where? Was her hand on the floor for some reason and the dispenser fell on it. I mean in relation to where she sat and the ‘usual’ distance a TP dispenser would be. Even if it was those plastic double roll models the device would have pushed her hand aside as it fell.Something doesn’t pass the smell test.
Did her husband have to finish the paperwork for her too?
Another one to tell my friends in San Sai. They love to laugh at my stories of idiotic law suits. However, some days I just have to puke when I realize this obvious stupidity is doing its part to destroy America.
Who’s gonna pay for the damage when her finger poked through the toilet paper?
this all stinks to high heaven....I think they pulled this half azzed decision out of their butts...and some of you need to just wipe that smirk off right now. That sort of crap has to stop. We need to keep this all clean and flowing in a proper manner.
Judges that refuse to admit any notion of common sense or rationality in their judgements.
The cases are innumerable and include a judge in DC suing a drycleaner and bankrupting them for a pair of lost pants with “emotional value”.
Common to both sets: crap and frivolous lawsuits....Johnny Edwards
I guess it will be BYOTP from now on.
“I don’t understand how this caused her long term injury.”
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Next question.
Oh, puhleeze. A toilet paper dispenser lid fell on her hand and disabled her for life? Not buying it.
That thing is toilet seat level and below. How in heck does that break a finger unless she was feeling around on the disgusting floor when it fell on her hand? Doesn’t make sense.
They had a lawyer on retainer for that.
That's because you are not a lawyer...
LOL! Someone get Sheryl Crow on the case. ;)
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