If you have ever driven through Missouri or southern Alabama, then you’ve probably seen the billboards advertising Lambert’s Café, Home of Throwed Rolls. It’s a popular family diner style restaurant that is known for it wait staff throwing rolls at its patrons.
Well in September 2014 Troy Tucker was a customer there and was struck in the eye by a roll thrown in his general direction. He claims to have suffered a lacerated cornea, and damage to his head, neck, eyes and vision. He claims to have incurred $10,000 in medical bills already and recently filed a lawsuit against the restaurant owner for $25,000 in damages.
Similarly, in 2009, a man attending a Kansas City Royals baseball game was struck by a foil wrapped hot dog flung by one of the teams mascots into the stands. The man suffered a torn retina and permanent damage. He unsuccessfully sued the Royals organization, as the jury ruled that under the *baseball rule *,which is a legal standard that protects owners from lack of attentiveness of patrons, the plaintiff was at fault for his injuries.
Now a restaurant isn’t a ball park, but given that the place is known for bread being tossed around, it’s on all of its signage, etc. was there an expectation that Troy Tucker be aware of his surrounding and watch for rolls flying by?
What do you think?
Given the precedent of the Royals case in the same state as this incident and relatively recent, I’m thinking that Tucker’s going to lose.
A note at the end of the link says that Troy Tucker is a woman. Shouldn’t matter though. If Troy can show negligence on the part of the restaurant she’ll win at least her medical bills. So for instance, if she just walked into the restaurant and got hit in the eye with a roll, and there were no signs saying ‘Look out for flying rolls’ then she’s got a pretty good case. People shouldn’t expect to get hit in the eye with a roll when they walk into a restaurant, and if the restaurant encourages activity like that then they’ll be held responsible.
OTOH, if she was throwing rolls herself and joining in the fun then she may be outta luck.
It seems from what I’ve read that there are signs all over the restaurant, as well as in the name of the restaurant. So she should have had an idea that there would be bread in the air.
Unless one of the servers took a dislike to her, aimed at her eye, and threw a fastball, or fast roll, I think she is out of luck.
I was a server a long time ago and would have liked to throw things at some of the customers.i should have worked there!
I can’t imagine how this is anything but frivolous. And $10,000 in medical costs for a soft roll injury? I’ve been to Lamberts multiple times. The rolls are warm and soft, and they throw them underhanded only to people who raise their hands and ask for one. I can see being annoyed if a server thought I had requested a roll and I didn’t, and it hit me when I wasn’t expecting it. But even if an asshole server wound up and threw a fastball right at her face on purpose, I cannot imagine how it caused any medical damage at all, let alone $10k worth. They’re softer than Nerf balls.
I suppose there’s a possibility that the roll was stale and hard, or that the server filled the center with rocks. But even then, that would be the server’s fault, not the restaurant’s. Their gimmick is exclusively soft rolls, thrown at people who ask for and are expecting them, and thrown underhanded and gently.
While I think she has a lot crust trying this, I suspect she’ll win some dough. And any way you slice it, her attorney will get a piece of the pie too. Whole thing sounds half baked to me.