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Restaurant sued over falling pole incident Legalbrief (subscription), South Africa - Nov 16, 2008 It also pointed out that due to an 'enter at own risk' sign at the restaurant's entrance, she had 'accepted the risk of an injury occurring to herself ...
Reading is fundamental?to tech leadership Wall Street Journal Blogs, NY - Jul 31, 2008 (And why wouldn?t you want to switch vendors after the original one sues you?) The updates will be complete by July 31, a spokesman tells us. ...
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Selected List of Periodicals on Florida and Its Culture - L Delgado, M Collins - The Serials Librarian, 2003 - haworthpress.com ...Web sections include Dining Guide, Events Cal ... about the people, is- sues, events
and ... stories concerning personality profiles, restaurant spotlights, travel ... -
RE Fagerberg, JB Brown - Def. Counsel J., 1997 - HeinOnline ... Non-clients: An Expanding and Tangling Web theory, the ... plain- tiff fell from a stool
in Aratusa's restaurant. The plaintiff sued Aratusa, and when she learned ... -
Web-based simulation: some personal observations - PA Fishwick - Simulation Conference Proceedings, 1996. Winter, 1996 - ieeexplore.ieee.org ...web pages, what are .the is- sues for simulationists? ... of client and server since
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JS Burns, RA Bales - Me. L. Rev., 2001 - HeinOnline ... See Bensusan Restaurant Corp ... this Article, in which Mr. Jones, who operates a Web
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The Best of the Web: Hospitality and Tourism Web Sites - D Zabel - JOURNAL OF BUSINESS AND FINANCE LIBRARIANSHIP, 2003 - haworthpress.com ... e-mail newsletter con- taining feature articles, restaurant industry news ... This is
the Web site for the world?s ... the sidebar, users can read is- sues of several ...
- D Thatch - Rutgers Computer & Tech. LJ, 1997 - HeinOnline ... 1996) with Bensusan Restaurant Corp. ... The issue of personal jurisdiction is one of
many novel legal is- sues that the World Wide Web will bring before the ...
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Restaurant patron sues Denny's for serious injury
By Bob Bruss
August 09, 2006
Some time around 1:30 a.m. Andre Taylor and several of his friends left a social gathering to visit a nearby Denny's restaurant to get something to eat. After they ordered, Taylor realized he left his wallet in the car.He was not in a hurry, running or intoxicated as he pushed open the restaurant's exterior door. Although he put his hand on the door's narrow brass plate, it slipped onto the door glass. Taylor's hand broke through one of the door's glass panes, causing him to cut his right arm and lacerate his flexor tendon.Purchase Bob Bruss reports online.
Taylor was rushed to a hospital for emergency surgery on his wrist. His surgeon testified by deposition the surgery was a success with no further treatment planned. Taylor was released to return to work about two months later.
After his recovery, Taylor sued Denny's restaurant for negligence in failing to provide a safe exterior door. Among other things, he alleged the door did not have shatterproof glass, lacked a push bar and had only a narrow brass plate to push on.
Denny's attorney argued there had been no previous problems with the door or its operation. But Taylor's attorney replied the door lacked an adequate place for patron's to push it open so it was reasonable for patron's to push on the glass, which was the proximate cause of Taylor's injury.
If you were the judge would you rule Denny's Restaurant can be found liable for negligence in failing to maintain a safe door?
The judge said yes!
The evidence shows the door had a very narrow brass plate about the size of a hand to push open; there was no push bar running across the door; the glass was not shatterproof; and the possibility of a patron pushing on the glass was high, the judge began.
In the absence of a push bar or a wider push plate, he continued, Denny's should have used a more robust glass or shatterproof glass to prevent injury such as what occurred here. It appears the condition of the door was the proximate cause of Taylor's injury, the judge added.
Because it was foreseeable a patron would exert pressure on the glass, evidence showed Denny's was negligent for its failure to maintain a safe door, he explained. Based on the evidence presented, Denny's is liable to Taylor for his injuries, he ruled.
A verdict in favor of Taylor for $33,335, reduced by 10 percent contributory negligence by Taylor, results in an award of $30,002, plus $702 costs, the judge concluded.
Based on the 2006 U.S. District Court decision in Taylor v. Denny's Inc., 422 Fed.Supp.2d 928.
