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Personal Injury

Throwed Rolls and Personal Injury Lawsuits

Recently, Lambert’s Café in Sikeston, Missouri, was sued by a patron claiming that she received serious eye injuries from one of the restaurants famous throwed rolls. 67 year old Troy Tucker claims that she received a scratched cornea and detached retina from being hit in the right eye by one of the rolls. Ms. Tucker’s attorney claims that similar suits have been filed against Lambert’s in the past.

Ms. Tucker’s lawsuit seems unlikely to prevail if the Scott County court follows the precedent set by Missouri courts in the Coomer cases. In 2009, John Coomer claimed he was seriously injured as the Kansas City Royals mascot, Sluggerrr, tossed a hot dog in his direction. Coomer admittedly was not paying attention and was struck in the left eye, allegedly suffering a detached retina and the development of traumatic cataracts. The lawsuit involved the legal doctrine of “primary assumption of risk,” which operates to limit a defendant’s liability because the plaintiff assumed a certain level of risk when partaking in an activity. In terms of baseball games, spectators are considered to assume a level of risk by attending the game. Flying baseballs and baseball bats are a possibility at virtually any seat in the stands, and fans should understand that this is a risk when they attend.

A jury in Jackson County, Missouri, found Coomer 100 percent at fault for his injury following a trial in 2011. Coomer appealed the decision. In 2014, the Missouri Supreme Court held that flying hot dogs are not part of the assumed risk a fan takes on when attending a baseball game, and reversed the decision, allowing Coomer to have a second trial. In June of this year, a Jackson County jury found that neither Coomer, nor the Royals, were at fault for his injuries. Coomer did not appeal the decision.

Lambert’s advertises its restaurant as the “Home of Throwed Rolls”. Its website address is www.throwedrolls.com. Customers know walking in the door of the restaurant that rolls will be thrown. Customers should understand that getting hit by a throwed roll is a risk when they choose to dine at Lambert’s.

The media is taking this as an opportunity to slam personal injury lawyers, claiming that Missouri may now have its “McDonald’s coffee case”. The media and pundits continually mock Stella Liebeck and the McDonald’s coffee case. You’ve heard the stories and seen the “Stella Awards” on line or in an email. Unfortunately, the actual facts of Stella’s case aren’t funny.

Stella suffered third degree burns to her groin, inner thighs, and buttocks. She was hospitalized for eight days and endured skin grafts and the debridement of dead skin tissue. McDonald’s declined to settle her claim for $20,000.00 when offered. The evidence at trial showed that McDonald’s was aware of more than 700 claims by people burned by its coffee between 1982 and 1993. The evidence showed that a burn hazard exists when any food or drink is served above 140 degrees. The evidence showed that McDonald’s coffee was served at 185 degrees. The jury awarded Stella $200,000.00, but reduced it to $160,000 because they found her 20 percent for putting the coffee cup in her lap. The jury also awarded her $2.7 million in punitive damages, which was equal to two days of McDonald’s coffee sales. Stella and McDonald’s reached a post trial settlement.

Unfortunately, the small handful of “frivolous” or unjust cases are the ones in the news. The media doesn’t talk about the thousands of cases with merit. Without personal injury suits, big business would still be producing cars with gas tanks that explode, or SUV’s that roll over easily. Medical providers would not have policies and procedures in place to try and prevent operating on the wrong body part. Personal injury suits help hold people responsible for their actions.

Our firm handles personal injury cases, but that’s not all we do. Our lawyers also provide counsel to those who need criminal defense or are facing family law difficulties. We help individuals form small businesses and obtain favorable tax treatment on income and estate planning. The firm assists community leaders in recognizing the need for quality infrastructure, and helps form and construct rural water, sewer, electric, drainage and fire protection districts.

We are glad to discuss any legal matter with you to determine if you have a valid claim or legal need. We are here if you need us.

Photo courtesy of Flickr user Lee Bennett

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