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 ...
Your comment is ironic considering the name you go by (facedown).
I have no idea if you are being sincere or not. I am not a hand expert, but I do know what it’s like to have a hand injury. I also believe that people who try to tell others how much pain they have or whether it is real or not are idiots.
I am not saying that is you, but there are others on here who apparently think they have some magical insight into the minds and intent of others, not to mention their physiology.
It is astounding!
You aren’t funny, so I think I’ll pass. Some people actually DO get funnier after three beers, but maybe you need a few more.
Of course.
Yes - I was being sincere. More just a “warning” to others I guess as I never worried about such things.
I’m wondering, if this gal IS truly so incapacitated that perhaps it was a bruised or damaged tendon or nerve (rather than a broken bone) that is causing the problems?
I recall dropping a half-full tissue box on the top of my foot - all of 4 ounces or something. It must have hit on the corner - but it hurt like &*%$ !(why is that!!??) and my foot was sore for a LONG time.
Sooo, here I am foreman in this cabinet shop.
I catch Barry running cabinet door rails using a highly stupid method. I give him a formal warning and tell him a repeat would be cause for termination.
A couple of weeks later Barry is running door parts again.
The project manager and I are going over an upcoming job 15 feet away when the shaper makes a sound sorta like a fuuuwhump and Barry screams, grabbing his hand.
He drops to the floor on his knees.
I go running over and pry his one hand off the other.
It is a little hard for my brain to decipher the information being fed to it through my optical sensors.
Barry’s hand is a mess.
I look at the project manager and told him to call 911.
I look at Barry’s hand again and back at the project manager and told him to stop and to go get in his truck.
Barry is a total basket case.
I have to pick him up and carry him outside to the waiting vehicle.
Barry did a triple screw up.
He was wearing gloves.
He didn’t have the guard over the cutters.
He was using that same sht-fer-brains method.
He lost all four fingers on that hand below the middle knuckle.
This operation uses a six cutter stack that is kinda sorta like a meat grinder. Most of the grind went up the vacuum system.
I did find a knuckle joint over by the clamp rack. No meat on it. Just the bone(s). Judging from it’s size, it may have been part of his pinky. But that is just a guess.
I sent it to the hospital cause they wanted to know if there were any parts they could use for reconstruction.
But, ah, no. Not a chance.
He sued everything in sight and for a brief moment was a gazillionaire.
He bought a Harley Davidson motorcycle with some of that money and was killed in an accident shortly after.
I just find it hard to believe this woman can go for so long before deciding she is seriously damaged and her life is over yet she can adapt enough to STILL GO BOWLING. And she keeps at it. EVEN THOUGH HER SCORE SUCKS.
Sounds, smells, TASTES like bullsh!+.
So I’m calling bullsh!+.
Sht happens. People need to learn to deal with it.
The only part of any of my narrative that may have been any attempt at humor was the 3 beer thing.
Personally, I do not drink alcohol type beverages.
Sooo...
...and then some joker from Kenya who’d been raised mostly in Indonesia stole Barry’s identity.
Too bad it was potatoes and not beans, becuase then her last words may have been, “legu-me!”
The stupids are the ones, i.e. the rest of us, who don’t grab such opportunities to get filthy rich and have marriage proposals from around the globe!
Man, I coulda been a contendah!
Sigh.
More weird Michigan news.
I suppose the question is whether she could type at all before the "injury". Makes me think of an old joke about violin playing...
Guy goes into the doctor with a broken arm, says:
"How long before I can play the violin?"
Doctor says:
"About six weeks."
Guy says:
"Great! I couldn't play it before."
LOL! Thanks.
Ah yes, more Mich. weird news. Now is this in Detroit? I particularly enjoy tweaking them.
Suburban Detroit. Jackpot! That town should lose the right to vote you know.
You just don’t know how much I enjoy bashing Detroit. Thank you ever so much!
All I know is that injuries don’t often appear so immediately.
I was in a pretty serious car accident in 2003 and locked my elbows with my hands on the steering wheel. Afterward, I was okay... just really, really shaken up. However, later I started noticing problems with my elbows - it’s called lateral epicondylitis. The trauma from the accident caused it but I didn’t realize it until I started trying to do things like raking. It took me months before I realized that it was from the darn accident.
My father-in-law was another example. Suffered from frost bite in WWII. The doctor said when he got older it was going to come back to haunt him. It did... but he was probably about 70 something when it did.
There a tons of examples of people who have been hurt and then can trace back pain to an injury.
I’m glad you get it. What’s funny is the same people saying these things can’t happen will all have had a similar experience where they exercised and didn’t feel sore til the next day.
As a Texan, I will lodge a lawsuit with this Detroit Michigan establish which most CERTAINLY is not an authentic Texas roadhouse.
I was watching a movie yesterday and in the credits, there is an acknowledgement that the City of New York owns the phrase "Made In New York". WTF?
I have seen / heard conflicting reports (wow--there's a surprise) [/end snark]
One story said, "Lockwood" (I haven't the faintest idea where that would be) and the TV said "Taylor", which is a Metro Detroit city, sort of downriver form the "D".
Gotta go.
Wayne County, who later became JAYNE County.
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