Man shot in restaurant to get $13M

[Kennah]

Source: UPI

The Denny's chain has agreed to pay $13 million to a Seattle-area man who became paraplegic after he was shot in a Kent restaurant, his lawyer says.

Jurors Monday awarded more than $46 million in damages to Steve Tolenoa, The Seattle Times reports. But lawyer Ron Perey said a settlement was reached before the verdict that limited Denny's damages to Tolenoa to no more than $13 million in return for immediate payment with no appeal.
...
At the time, the Kent Denny's was directly owned by the Spartanburg, S.C., company. The jury found the company failed to provide security even though police had responded many times to reports of violent crimes at the restaurant.

The $46.4 million is believed to be the biggest jury award in Washington state in a personal injury case, the Kent Reporter said.


Read more: http://www.upi.com/Top_News/US/2011/02/08/Man-shot-in-restaurant-to-get-13M/UPI-86261297209074/

[customerserviceguy]

1. This seems bizarre

Should Chuck E. Cheese have armed guards stationed at their restaurants, if they're in a bad neighborhood? At what point do we simply say, "Shit happens." ?

[Manifestor_of_Light]

2. Foreseeability is the key in this case.

Cops had been called many times before to this location. Violence was NOT a random event there.

Foreseeability is a HUGE issue in lawsuits.

[nsd]

3. So is the lesson that it doesn't pay to open a business in an area with a high crime rate?

What would constitute adequate security? Armed guards for a restaurant seems a bit much. If that's the standard, I'd think businesses would just flee and the areas wouldn't have service.

[RamboLiberal]

6. Doesn't have to be a high crime area

As I said in another post it can be a time of day issue. That late night after hours bar crowd can be a cause of fights/incidents. If you want to stay open then hire a local cop or provide private security.

[RamboLiberal]

4. Because of past incidents & time of day

According to court records, Tolenoa had gone with his brother Wilven for a 2 a.m. Grand Slam breakfast that day, winding down after a softball game from the evening previous. Beltran-Walker and her husband also were at the restaurant - neither group knew the other.

At the same time, a rowdy group that included Frank Evans - identified in court documents as a gang-wannabe - had been ejected from another Kent restaurant where they had been drinking. They opted to go to Denny's.

-----

"Their failure was a managerial failure in providing protection to customers at the Kent Denny's, when they knew there was violence going on almost every weekend," Perey said in an interview after Monday's verdict.

Perey's brief outlined the reason for spotlighting the parent company in the local crime: "If off-duty Kent Police officers, or private security were hired; or if the restaurant was closed during the bar rush; or even a strong, well-trained manager/authority figure manager was on duty, Evans would never have been allowed into the restaurant-seating areas, would have been deterred from returning to the restaurant with a gun, and from shooting the gun."

http://www.seattlepi.com/sound/435052_sound115529629.html

I know at one local chain majority of time they don't have security but on Friday/Saturday late nights when they get the after hours bar crowds for the late night breakfast buffet they have a local cop they hire as security.

[customerserviceguy]

9. Isn't it the job of the restaurant patron to stay out of a bad neighborhood?

I sincerely hope this is reversed on appeal. It sets a dangerous precedent, the idea that a business is fully responsible for what some patrons do to other ones.

Expanded slightly, that can apply to anyone. If I'm the UPS delivery person, and I get the snot beaten out of me while attempting to deliver a package to your home, are you responsible for my injuries, because you asked me to deliver a package to you in a bad neighborhood?

[Javaman]

5. Bad neighborhood or good neighborhood, have you seen how some parents act

in that place? LOL It might benefit from security guards! :rofl:

[customerserviceguy]

10. I avoid Denny's

It reminds me too much of the old Sambo's chain, where I washed dishes while in high school. I still describe Sambo's (for those too young to remember) as "Denny's, without the charm".

[Kennah]

7. I should also add ...

... that Tolenoa isn't going to receive $13 million. After attorney fees, he'll see $6.5 million (50%) to $7.8 million (40%). Probably sounds like he's "set for life", but he probably will have trouble finding work, assuming he can work. This is all he's got.

[soryang]

8. Most corporations provide security for their property on premises

Why shouldn't it be provided for their guests? After all, it is required by most states following the common law on this issue.