Surely just about everyone is familiar with the infamous McDonald’s “hot coffee” lawsuit. Now, a landmark restaurant is facing something that may supplant even that lawsuit in the realm of the ridiculous. A thrown roll at a Missouri tourist destination known for them, a man who apparently didn’t catch it, and somebody needs to make it right!
Lambert’s Cafe, the Sikeston-based restaurant chain proudly known as the “Home of Throwed Rolls,” featuring servers who lob dinner rolls across the dining hall to guests, is being sued for a roll-related injury.
The suit was filed yesterday against the Sikeston restaurant by the Meehan Law Firm in St. Louis on behalf of a guy named Troy Tucker. Tucker claims he “sustained a lacerated cornea with a vitreous detachment and all head, neck, eyes and vision were severely damaged” after being hit by a roll during a September 2014 visit.
The practice of throwing rolls is deemed a “defective condition” of Lambert’s, and the suit claims that the restaurant knew (or should have known) about the danger of this practice.
Tucker now seeks an award of at least $25,000 to pay for his medical bills and legal fees. The restaurant’s “carelessness and negligence” has already caused expenses totaling $10,000, the suit alleges, and who knows what future medical costs may emerge from the assault of the freshly baked bread.
Tucker probably doesn’t have much of a case according to the blog post, which notes that in June, a man injured by a hot dog at a Kansas City Royals game lost his case. The reason given by the court was that there was a reasonable expectation for such actions at a baseball game, and so it was on him.
Nevertheless, personal injury cases are evaluated in the context of extenuating circumstances. For example, in the “hot coffee” case, the issue wasn’t just that the plaintiff spilled the coffee; it was determined that McDonald’s policy required coffee to be hotter than safe. The coffee wasn’t necessarily too hot to drink, but caused third-degree burns on the elderly woman’s arm.
In the case of Lambert’s, they apparently have billboards all over the area advertising “thrown rolls.” Therefore, it seems reasonable to believe that Tucker would have known to stay aware of his surroundings.
In our increasingly litigious society, SamePageNation has a suggestion to ensure customer safety: hostess-issued goggles.