Florida judge rules waitress can sue Hooters in toy Yoda case

http://www.nj.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi?a0404_BC_BRF--ToyYoda&&news&newsflash-national ^ | 10/13/01 | AP

[gortklattu]

So, they stiffed her! If she sues, then have Hillary as Hooter's attorney, she stiffs waitresses too!

[DSH]

So you think the fact a single trial judge disagrees with me makes me wrong? How familiar are you with the Florida legal system?

Well, I'm a lawyer, but I don't practice in Florida. From what I've seen of the "Florida legal system" in the aftermath of the Bush-Gore election debacle, I'd have to say that I don't think too much of it.

So I suppose just about anything could happen in this case.

And, yes, I'm well aware of the dangers inherent in making judgments about a legal case based solely on newspaper articles. That's why I qualified my statement the way I did.

Why don't we wait and see what happens if and when this case gets to a jury?

[BJungNan]

Cheaper than a lawyer:

You have got that right. What kind of an idiot would cough up the $20,000 retainer but would not just go buy the car and give it to the waitress to end the thing?

No need to answer. An idiot that would pull such a stunt in the first place.

[ObjetD'art]

In the competition, the name of the top-selling waitress from each Hooters restaurant in the area was entered into a prize draw and Ms Berry was picked as the winner.

Berry said Blair knowingly misled them through the course of the contest by telling the employees he didn't know what kind of Toyota it would be -- whether a car, truck or van. The suit contends that he also told them the winner would be responsible for the tax on the new automobile.

Because of those statements, the lawsuit says, Berry "dedicated extra time and effort to sell beer." .... West said Blair's statements about the type of Toyota and tax requirements would go a long way to defeating a defense that Berry misunderstood Blair. ..... "They were legitimately led to believe that this was the reward of a car, not a Star Wars doll," he said.

Whats the problem? Slam dunk case!

[Sabertooth]

For the purposes of illustration...

[Diverdogz]

Hooters and the waitress reached an out-of-court settlement on this case today.