Lambert’s Cafe in Missouri calls itself the “Home of the Throwed Rolls” after its signature practice of lobbing dinner rolls by servers to guests. It is now accused of serving up an unrequested tort after Troy Tucker was hit in the eye and has sued the restaurant for medical bills and legal fees.
According to her complaint, she “sustained a lacerated cornea with a vitreous detachment and all head, neck, eyes and vision were severely damaged” in September of 2014. The roll tossing is alleged to be a “defective condition” of the restaurant and the practice overtly negligent.
The restaurant is defending itself by saying that there was no malice in the toss. In other words, the server was not trying to take out Tucker’s eye.
Tucker is seeking $25,000 to cover for her medical bills and legal fees.
The case could raise some interesting questions about Plaintiff’s conduct like the decision to go to a place called “The House of Throwed Rolls” and then complain about either bad grammar or a thrown roll. To what extent the jury views Tucker as assuming the risk or contributing to her own injury will be fascinating. On the other hand, she could claim that she expected rolls to be thrown in a reasonable and professional way. Of course, there are no associations or guidelines on proper, safe bread tossing so this would have to remain a question for the jury.
The case reminds one of the prior disputed over the shooting of hotdogs at the Kansas City Royals games. (What is it with flying food in Missouri?) The Missouri Supreme Court correctly ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot. The fan sued the Kansas City Royals and its mascot Sluggerrr after he was hit in the eye by a hot dog thrown into the crowd. He suffered a detached retina and other injures. A jury ruled against him in favor of their popular mascot in a verdict that I previously questioned since it seems to be clearly negligent to fire these projectiles into the crowd.
What is it with flying food in Missouri?
barkindog
A throwed roll is like the Republican party. They just keep throwing and throwing until something sticks, regardless of what it is. Eventually it sinks in and then it’s too late. Imagine Marko Rubio, Donald Trump, Jeb Bush, etc. with this line up they have to just throw, and throw, and throw.
A throwed roll at Lamberts is kind of like a flagged email at the State Department. Someone throws the roll to a person and is saying “here check this on out.”
Every Lamberts I have been in you have the choice to catch a roll….I believe they even have nets for those that want a throwed roll, but can’t actually catch….
Humph. Humans! Cats LOVE to catch their food in the air.
Flies?! Bam Bam, that’s just TOO funny! I’ve heard similar punchlines, but I can’t tell those stories here.
pin, You’ve been on fire all day.
Assumption of the risk. Complete defense.
I’ve eaten here and I completely side with the plaintiff. They dont just “toss”” you a roll. They whip them at your head…even if you dont ask for one. If you turn around to hear someone in your group, it is very possible, bordering on likely you will get hit IN THE FREAKINF FACE with a thrown baked good. They give no warnings, they just throw. I’m honestly surprised it took this long to be sued
Hey bam bam, they aren’t hillbillies down in Sikeston. They’re swamp angels.
I got a roll in the face there once. Everyone laughed at me. That’s the point, I think.
Michael Sam couldn’t even make it in the CFL and rumor has it he’s gay.
Darren, The waiver on MLB tickets is: “The user assumes all risk and danger by thrown or broken bats, thrown or batted balls, and objects thrown into the stands for entertainment purposes.” The latter being for the most part the $5 t-shirts they shoot into the stands using potato guns. With the Royals flying hot dog, a case could be made that the mascot was not a vendor, trained in the subtle craft of flinging cased, tubed meat/bun into the stands.
I suspect one difference between the Kansas City Royals case and this case could be that there is a waiver that fans agree to, as denoted typically on the back of tickets, that the holder holds harmless the team due to flying objects and other potentials for injury where I don’t think such a waiver could be found with the restaurant.
If I was the lawyer defending the case I would ask the court to allow the jury to go visit the restaurant and watch the throwed rolls in action.
Where the weak American Football players go to make a few bucks.
Sorta like Canadian Football.
BillH
There is a lot of absurdity to go around, however, that spectators go for the violence is not an absurd statement. A rare few may not enjoy the bone jarring collisions and wondering of when some one will not get up so easily, but the gladiator appeal is the core of American football. Without the mayhem, the sport would not be in existence.
Try for a brief moment to imagine American football without tackling, offensive/defensive line smashups, etc.
Ninian
That’s part of the event, the answering of your questions through the circus of the courts and the lawyers. The only thing missing are the horsehair wigs.
New Orleans has dinner rolls beat. We have coconuts thrown at Mardi Gras parade cases! The most recent is Brooks v. Zulu Social Aid and Pleasure Club, Inc., 110 So.3d 703 (La. App. 4th Cir. 2013). The liability is supposedly limited by La. R.S. 9:2796.
Prior to entering this establishment, every patron should given a pair of goggles, and, perhaps, even a helmet, which must be worn throughout the duration of the meal. Have each person sign a document acknowledging the assumption of risk in a joint known as THE HOUSE OF THROWED ROLLS. You would think that these hillbillies would’ve tried to do something to protect themselves with regard to these lawsuits before now. This isn’t the first time this place has been sued for damages allegedly incurred due to flying rolls.
No lawsuits for teeth being displaced due to the flying yeast. Those are in short supply in these parts.
I am going with the baseball analogy. Really, it is not like they were not warned. They have assumed the risk.