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 ...
See post #29.
I had some fun with this proclivity a few years back. The 1st Mrs. L and I were heading to northern Michigan and happened to stop in Saugatuk looking for a room for the night. This was before I knew Saugatuks reputation as a haven for gays.
I walked into the office of this motel and asked for a room for the night for the wife and I. The clerk responded "This is a gay only hotel." and refused to rent us a room for the night.
When we got home I contacted the Michigan Department of Human Rights and filed a formal complaing alleging discrimination on the basis of sexual orientation. I went long and hard (no pun intended) on the 'emotional distress' angle.
I figured I'd never hear back so imagine my surprise when several months later I received a letter of apology and a $500.00 check from the motel in question.
I really enjoyed spending that money. I bought a nice used Smith and Wesson with it.
If I were you, I'd never leave home.
Just how heavy was the lid on this dispenser? I fail to see how something as light as that could break a bone and cause long term injury.
LOL!
That one is pure gold.
LMBO!
I would be doing the Macarana if that were the case.
ROFLOL!
Worked in a lumber yard during my college years. Through my own stupidity, ended up dropping a forklift tyne on my hand. Hurt like the dickens. I eventually made a full recovery.
I would seriously doubt that a hand dryer would amputate a foot.
I'd have a hard time suing an establishment for an accident due to my own clumsiness.
Now, if there was willful negligence on their part - I dunoo....employees tossing bricks into random bathrooms stalls, or something, then I'd see a point to it. But suing for just a random accident - and especially the fact that she took a year to get around to it AND patronized the business in the meantime..... That just sounds to me like someone is looking to get paid.
Perhaps in poor taste but not intended to be hurtful.
My apologies to you.
This has to be worth at least $20-30 mil for pain and suffering. How does The POOR Woman cope?
I feel ill.
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.This is nothing compared with *real* pain and suffering, like that guy in (if memory serves) Alabama, who bought a new BMW that had been repainted due to having some spatters of some other paint -- and was awarded millions. Thanks freespirited.
No apology needed.
And your medical credentials are?
Seriously, odd things happen. I knew of a couple of brothers wrestling on the floor and the brother’s neck just bent the wrong way - paralyzed.
My point was not that a dryer could or would amputate a foot - although I have a hunch that the right dryer at the right height could sever a foot fairly significantly - it was merely to make the point that people get injured in the oddest and simplest ways and that judging that without really knowing is unkind.
Sarcasm is probably the most overused form of humor these days. Meanwhile, not only can weird things happen that are not explainable, I am also increasingly finding that the percentage of smart asses on FR is increasing rapidly.
I don’t think Myth Busters is the end all-be all. We had a friend have someone drop an enormous die on his foot; it fell from a crane. There is NO reason that his foot was not amputated. The doctors said it was a miracle. He will be rehabbing for a long time but he is actually hobbling around - foot is pretty mangled though.
I’d like to see Myth Busters re-enact that.
The truth about these scenarios is that they would have to enact it over and over again into infinitum to prove that it is impossible to happen.
When we are injured, we are not often paying attention to the details that are unraveling moments prior to the event.
Look Momma, I don’t have all the answers. All I know is that I see a lot of pretty mean and nasty stuff on here about people who are hurt and sue. Just pray you are never hurt.
I have never sued anyone in MY life. My own dear father (bless his soul) fell when he was in his 40’s - due to negligence of a store - and he never sued. We weren’t brought up that way. Meanwhile, he was never the same. Never. Suffered his whole life from that.
Nobody should be so hasty in their judgment about individual scenarios. Kindness is a virtue.
LOL. I give you an A+ for originality.
Everyone is so cynical. Did it ever occur to any of you that maybe the lady was injured and thought the pain would go away but then it didn’t and she later realized she had a serious problem. In fact, that she waited showed that she probably is sincere. A person who was planning on this would have had the lawyer all lined up and run screaming out that she’d be suing and making a scene so she’d have lots of witnesses.
I guess I’m sympathetic because something similar happened to me - not in the event itself but in the way my injury developed. I sustained a repetitive motion injury and I thought rest and so on would make it heal. It never healed. This was from three years ago. It’s complicated.
Bodies don’t always immediately reflect the true level of damage.
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