LAWSUIT

[olayinka]

Is there a possible lawsuit for a restaraunt whose employee threw soda in my face? I am going to court against the employee soon for peace disturbance (even though I thought I should've been able to press charges), but shouldn't the restauant be held responsible for their employees actions? I live in Missouri.

[Edited by olayinka on 01-19-2001 at 02:29 PM]

 

[JETX]

Possibly.

Please describe your damages.

 

[olayinka]

Thank you for responding. Really no major damages, just ruined clothing and humiliation. The incident took place at lunch time during my work lunch hour with co-workers.

 

[JETX]

If the 'soda throw' was an accident, then you really have no case.

Now, if you can convince a court that the 'soda throw' was either intentional or malicious, you MIGHT have a case against the restaurant owner.

Finally, based on your claimed damages, it sounds like your case would cause far more further damage than actually occured. For example, you would have to get your fellow employees to testify that their opinion of you or your credibility was 'damaged' by the actions of the wait-person. That in alone would cause far more damage than you had. As for the cost of cleaning or replacing the clothes, you should contact the restaurant management; they will probably reimburse you without further action (if you approach them correctly). By this I mean, don't be belligerent, demanding, etc. Be professional and courteous. After all, you are trying to get them to do something FOR you.

 

[olayinka]

Thanks again for replying. The soda throw was intentional. I called the police at the scene of the incident. First I'll give you more detail. I went in for lunch. Recieved my food. Tasted it, not eaten a great portion just one bite, I discovered the food was cold. I went to the counter very courteous and asked if the food could be heated or fresh food. The lady then said " There is nothing wrong with food." I stated nicely, it is cold. She angrily then "threw
chicken onto my plate and it fell to the floor. I have a witness to that. after this confrontation I then asked for a refund for that poor customer service. She and another man then refused saying they don't issue refunds. I asked "where is that posted and it's not on your reciepts." They became more enraged and then completley ignored me. I told them I'm not leaving until I get my full refund. They still ignored. After that I threated to call police and then they gave me, not offer,a partial refund saying that I had ate majority of the food!! How untrue I have witness to testify to that. I then said I will take the difference with these cookies that were on the counter. When I reached I didn't touch. The lady grabbed my arm and pushed me. I then became enraged and began to curse. I then pushed over the staw holder on the floor and my co-worker had called police for me. Then the other restaraunt worker threw soda in my face and on my clothing. Police arrived took report down and witness testimony of soda throw. I called Better Business Bureau. The man replied to the incident, that the soda throw was unintentional and other lies!!! I obtained a copy of the police report where there is a witness I do not know, saying that he intentionally threw the soda and so does the other witness (my coworker agrees). I came back to work all my co-workers seen the soda in my hair, face, and clothing and are willing to give written testiomny to that, besides the other 2 witness who gave what they witnessed to police.
It's quite obvious that the restaraunt worker lied, it's all documented. I have also kept my clothing unwashed showing that the soda throw was not at all unintentional. Please reply again. Thank uou.

 

[JETX]

I appreciate the details, and it certainly sounds like the restaurant was at fault, but your 'actual damages' are minor and probably not worth the time or expense of pursuing through litigation.

Have you considered 'assault' charges against the restaurant employee, after all the 'intentional throwing of the soda and other things' could very well constitute criminal misdemeanor assault.

Then, if the assault case sticks, you will have a much easier time if you decide to pursue civil damages.

Other than that, I fear that your only other recourse is to not go there anymore and to certainly warn others.

(One last thought... have you considered contacting your local 'consumer reporter' with the TV or print media?? This sounds like a story that they would enjoy....)