Parents of slain waitress file suit - restaurant denies that it urged pursuit of nonpaying customers

The Dallas Morning News ^ | April 10, 2003 | By HOLLY BECKA and STEVE McGONIGLE / The Dallas Morning News

[MeekOneGOP]

Parents of slain waitress file suit

Restaurant denies that it urged pursuit of nonpaying customers

04/09/2003

By HOLLY BECKA and STEVE McGONIGLE / The Dallas Morning News

The parents of a young Bennigan's waitress killed in January after a dine-and-ditch scam have filed a lawsuit alleging that the restaurant encouraged employees to "pursue and confront" diners who skip out on tabs.

The lawsuit accuses Bennigan's and its parent company, Steak and Ale of Texas Inc., of negligence in 20-year-old Jennifer Sanchez's death, saying the restaurant endangered employees by "penalizing employees who failed to pursue and confront nonpaying customers." The suit seeks unspecified damages.

The lawsuit also says that the restaurant failed to implement or enforce policies to prohibit employees from pursuing nonpaying customers and that Bennigan's never trained employees about the dangers that doing so might pose to them.

Bennigan's released a written statement Tuesday saying that the allegations were without merit.

"We believe strongly that Bennigan's has fully complied with all of its training and supervisory responsibilities with respect to this incident," it said.

Ms. Sanchez's mother declined to comment, and the family's lawyers, Frank Branson and Quentin Brogdon, were unavailable for comment.

Irving police say a car carrying a group of diners who had skipped out on their $131 tab ran into Ms. Sanchez, a North Lake College student, as she tried to get the license plate number. She was thrown from the car roof and died of head injuries Jan. 3.

Sarah Foust, 19, who has admitted being the driver, is awaiting trial on a murder charge. Three of her friends were charged with misdemeanor theft of service. One of the companions, Michael Prewitt, 26, also is charged with providing alcohol to minors.

Bennigan's says it's unclear why Ms. Sanchez gave chase.

"While we will never know why Jennifer chose to confront Foust and her friends in the restaurant parking lot, we can say with certainty that our company has no policy that encourages or pressures employees to confront criminals," the statement said. "The safety and security of our employees and guests are always very important to us."

Bennigan's spokesman David Margulies said that when a customer attempts to leave without paying, waiters are instructed to contact a manager. There is no indication that Ms. Sanchez spoke to a manager before she left the restaurant, he said.

"There is no policy or procedure that says, 'Go chase people down,' " Mr. Margulies said. "That simply is not how it works."

An employee might be asked why they did not have payment for a check, but the company would cover the expense and pay the employee's tip, he said.

A key legal issue in the case will be whether Bennigan's was covered by workers' compensation insurance. The lawsuit says Bennigan's did not have coverage, but a spokesman for the restaurant disputed that.

State law prohibits damage lawsuits by employees if they are injured on the job and the employer has workers' compensation insurance coverage. The law also would preclude the Sanchez family from receiving any benefits owed to Ms. Sanchez.

"Our side is taking the position that is a workers' comp claim, which would mean the lawsuit would go away," Mr. Margulies said.

The lawsuit alleges that if Bennigan's was covered by workers' compensation, the restaurant is still liable because of malice or gross neglect. The lawsuit says Bennigan's was negligent because it failed to protect employees and guests from criminal acts, provide adequate security or monitor the premises.

Mr. Margulies said Bennigan's helped the Sanchez family by filing a workers' compensation claim for funeral and hospital expenses. The claim covered $6,000 of the $9,000 cost of the funeral, he said.

Staff writer Terri Langford contributed to this report.

E-mail hbecka@dallasnews.com and smcgonigle@dallasnews.com

---

Online at: http://www.dallasnews.com/latestnews/stories/040903dnmetbennigans.82762.html

[MeekOneGOP]

fyi . . .


Please let me know if you want ON or OFF my Bennigan’s Irving hit-and-run murder ping list!. . .don't be shy.

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[dead]

What an asinine law suit. I guess the driver of the car didn't have deep enough pockets to help the parents get over their grief.

[MeekOneGOP]

That little wench is a tramp the best I could determine.

[Cobra Scott]

"An employee might be asked why they did not have payment for a check, but the company would cover the expense and pay the employee's tip, he said."

Any current or former Bennigans employees wish to comment? I don't think that is completely true.

[battlegearboat]

I have no sympathy for Bennigan's or their parent company, Steak & Ale.

Actually, that goes for a few others in the industry as well.

The way these corporate chains treat their employees is pretty disgusting.

[battlegearboat]

They make the server pay the check or a portion there of, no tip, and they fire them if they refuse. Simple as that.

[dead]

The way these corporate chains treat their employees is pretty disgusting.

They didn’t run her over.

And if an employee doesn’t like the attitude of their employer, they can quit. This isn’t the Soviet Union.

[Shooter 2.5]

I talked to some Bennigan's employees in Mesquite, which is a suburb close to where this happened. They told me that the server is not responsible for the walkouts.

[Hacksaw]

More lawyers and parasite clients trying to cash in on bloodshed.

[doodad]

I agree with you. Every restaurant I ever worked at it was too bad so sad if it happened to you. Probably why she confronted them. And if you complain that a customer didn't tip you (that you pay taxes on) they fire you. Not defending bad service, there were times when the kitchen was screwed and there was no way I deserved a tip considering, but at least I apologized. I hope these jerks rot.

[Bob Buchholz]

What a STUPID lawsuit. Everyone knows that the restuarant is not guilty, it was the CAR! Sue the automobile manufacturer.

[only1percent]

Why are we speculating about this? It is all a question of fact that we can't know and which will be proven at trial.

If it turns out that that particularly store had a policy (whether or not consistent with the corporate-wide policy) that staff were to pursue and confront dine-and-ditchers, than that is gross negligence (at best) and the company is properly liable for the full boat of wrongful death damages. Putting an employee at unreasonable risk of personal injury (a waitress pursuing a criminal), especially if enforced by a totally illegal penalty of having to pay the dashers check, or part of it (you can't make an employee liable for crimes of third parties against the employer) is a no-brainer. And there's no excuse for saying "she could just quit if she doesn't like it." The law, thankfully, doesn't give anyone that much power. The company is liable for the local manager's bad policy through the centuries old doctrines of agency and respondeat superior. (It should be noted wrongful death damages for a low income person without dependents or spouse are actually quite low.)

On the other hand, no bad local policy, no case. Plain and simple. If she chased after them because she didn't want to lose her tip, but would have suffered no other adverse consequences, than she risked her own life for an extra $20 (tip on the bill that was skipped on). Bad move her, no liability for her employers.

[Freedom4US]

This isn’t the Soviet Union.

No, but we're working on it! ;)

[Maximum Leader]

Boy, you sure know how to kill a thread!

Seriously though, I think you've laid out the situation perfectly. This is a question of fact and I'm confident that the jury will get to the bottom of it.

[visualops]

I waited tables for a number of years, in all sorts of places, and never knew one, or anybody that had worked in one, that held the server responsible for a walkout.
However, an experienced server might see trouble coming, and alert the management and other employees. But, that would of course depend on what types of people you were used to dealing with.

[maxwell]

Thanks for the update, bro.

Bennigan's says it's unclear why Ms. Sanchez gave chase. "While we will never know why Jennifer chose to confront Foust and her friends in the restaurant parking lot..." WFT??! You and I and every other individual on God's Green Earth who has more sense than the Good Lord gave a horned toad know WHY she gave chase and WHY she confronted, because it's what you durn well DO when three punk-a$$ kids skip out on the bill. THAT'S WHY! Stupid insensitive fools.

Bennigan's is trying to distance itself, and put the blame on that poor kid. Cryin' shame.

/rant

[FITZ]

If she chased after them because she didn't want to lose her tip

It might not have been for her tip ---some employees can't stand thieves and will risk their lives for their employers --not even their own money. I know here they have to tell the convenience store employees they have to let the thieves take the money or beer and their lives aren't worth trying to stop a theft.

[malachite141]

bennigans lied and thats all there is to it. i know i worked for them....