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?
No excuse for this. I’ve been to the one in Foley, AL and they never toss a roll unless they have eye contact with the customer, and usually with the customer’s hands at ready.
Watch out for the flying fish as well.
https://upload.wikimedia.org/wikipedia/en/7/7a/Logo_ppfm.png
Question:
What is it with flying food in Missouri?
Answer:
It’s the only way to get the flies off of it.
“Absurd” is his specialty.
Issac: “No one goes to or watches these games who doesn’t want to see and perhaps even hear a bone crack.”
That is utterly absurd.
I think running for exercise should be outlawed.
People fall, get knee damage and foot injuries, and feel hot and sweaty.
Negligence!
CCPGI
Stand Your Ground was invented so you don’t have to run and die tired.
One of the problems w/ polemicists is they tend to bury the lede.
Ninian
American football is a gladiator sport. No one goes to or watches these games who doesn’t want to see and perhaps even hear a bone crack. There are many examples of finesse but without the bodies slamming into one another it wouldn’t work. This is one of the attractions of Hockey as well. Conversely, Baseball, Basketball, Soccer, and other such sports are watched for the finesse only, or at least by most. This is the same with American car racing and probably the case with car race enthusiasts throughout the world. No one would sit for hours and watch cars go around an oval track hundreds of times if it wasn’t for the possibility of a crash. I used to live near Monte Carlo for many years and had a client in management at Lowes Hotel and Casino. The Monte Carlo Grand Pre goes through the tunnel right under the hotel. You can see the cars enter at well over a hundred and exit well less than a hundred. The second or third time, after giving up other stuff to attend; it was free and we had pit passes and could go almost everywhere, it occurred to me that the race was, not only almost impossible to watch, but not the main event. The main event was the possibility of a cataclysmic crash sending a Formula One car out into the harbor.
So, the patron was there to see someone get hit by a roll, not catch one, or perhaps a bit of both. This is where single payer universal health insurance would come in handy.
Isaac: interesting but my questions are unanswered
FMLA is relatively new, but people have learned how to scam that well intentioned benefit. We all know w/ what the road to hell is paved.
pinandpuller, if one has those options then you may be correct. But, if a person blows out their knee playing softball in a weekend tournament, and has no disability or even any health insurance, that’s when “limping to work” as you said is what some unscrupulous people choose to do. The medical care and disability is then covered under work comp if the scam is successful.
Which is negligent?
● throwing the food?
● hitting of a vital organ with thrown food?
● attending a function where it is known that food is thrown?
Is hitting a vital organ unintentionally an accident rather than negligence?
In a situation such as this why is settlement not made without litigation?
Is food throwing to continue after this incident?
To move the discussion further if activities are banned which may cause personal injury, where does this place American Football?
“… a verdict that I previously questioned since it seems to be clearly negligent to fire these projectiles into the crowd.”
I agree.
People are not autonomous actors with agency who can decide whether to go to a place known for throwing things into the crowd like t-shirts or rolls or hot dogs or little balls because they actually MISSILES and DANGEROUS and definitely NOTFUN.
No, people are merely VICTIMS taken advantage of by bloodthirsty mascots and waitresses who are clearly trying to KILL THEM!
Good Deadgod, don’t people know that you must avoid even playing catch with Dad who is clearly negligent to fire those projectiles at his own child?
pinandpuller, A big red flag on worker’s comp claims is someone who allegedly gets injured @ work first thing Monday morning after a weekend off work.
Nick
I’ve always figured that short term disability or using vacation to sit at home was a better deal than light duty sitting around under the boss’s eye.
Oh, I spulled it wrong. It is Lamberts. Well I can say that as a human in a prior life I ate lunch at a Lamberts in Missoura and indeed got some throwed rolls and caught them. It was an enjoyable place. The name Lammerts was a department store in Ferguson.
LOL! Never been to Lambert’s but my daughter was there a few years ago. Knowing how insanely litigious this country is, I predicted a lawsuit. If the superb, Gates BBQ starts throwing a rack of ribs @ you, pay attention, catch, and enjoy!
If I was counsel for Lammerts at the Jury Trial and was picking the jury, my questions to the panel would be:
“So have any of you folks watched television and learned that Lammerts was the home of thrown rolls? Lets see a show of hands. And have any of you gone there for a scrumptious meal and been satisfied? And have any of you been thrown a thrown roll? Did any of you object?
I see that 33 of 37 of you have answered or nodded yes to all questions.”
“Your honor the entire panel is acceptable to the defendants here.”
They must have been very hard rolls!! Perhaps the restaurant should hand out safety glasses to each customer as they enter.
Look, people have become so sue happy for the most trivial things. It’s the age of give me, give me, give me. Our judiciary system is out of control–and so are our citizens.
So, a lady goes into a restaurant that calls itself the “Home of the Throwed Rolls” because their servers throws dinner rolls to guests, and she’s hit by one.
I am shocked shocked to find roll throwing going on in a restaurant known for throwing rolls!
Thank Deadgod for lawyers! PBUT.
Chief inquisitor
You don’t even want to ask about their first pizza restaurant: home of the thrown slice.
Serious question for lawyers. Could a police officer sitting down for coffee write a ticket to the waitress for “hurling a missle”?
I almost got one for tossing water balloon out of a Jeep but the parents of the kid I hit settled for an apology.
This sounds a lot like people who get hurt at home and limp into work to file a workman’s comp claim.
Is there such a creature as a chuckwagon chasing lawyer?
Isn’t this like being at a baseball game and being hit with a foul ball? What are they famous for, anyway?