Oh, good grief! Where am I? No one else here thinks this is a ridiculous suit which should be dismissed outright? So far, apparently not. And the judge didn't agree with you, either.
Based on the facts as described in this article, legally, this is pretty much a no-brainer. The waitress's case is strong.
So you think the fact a single trial judge disagrees with me makes me wrong? How familiar are you with the Florida legal system? Because I am part of Florida's appellate judicial system, and I still think the suit is ridiculous. And I don't recommend basing legal decisions on newspaper articles. Newspapers don't report the facts of lawsuits any more accurately than they report anything else.