# Predict the outcome of this lawsuit: Man hit with bread **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 13, 2015, 4:47pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752 "2015-08-13T16:47:43Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\ **Post date:** [August 14, 2015, 11:39am UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/21 "2015-08-14T11:39:36Z")
> [@Your\_Great\_Darsh\_Face](#): > > “The court will now rise.” It’s the yeast they can do. ---
**Author:** ![Your\_Great\_Darsh\_Face](https://avatars.discourse-cdn.com/v4/letter/y/ac8455/32.png) [@Your\_Great\_Darsh\_Face](https://boards.straightdope.com/u/Your_Great_Darsh_Face)\ **Post date:** [August 14, 2015, 12:35pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/22 "2015-08-14T12:35:15Z")
Counsel for the plaintiff may allege they have a case for damages - but can they prove it? ---
**Author:** ![Dag\_Otto](https://avatars.discourse-cdn.com/v4/letter/d/439d5e/32.png) [@Dag\_Otto](https://boards.straightdope.com/u/Dag_Otto)\ **Post date:** [August 14, 2015, 1:24pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/23 "2015-08-14T13:24:09Z")
> [@Your\_Great\_Darsh\_Face](#): > > Counsel for the plaintiff may allege they have a case for damages - but can they prove it? I think the defense will punch it down. ---
**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\ **Post date:** [August 14, 2015, 2:01pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/24 "2015-08-14T14:01:10Z")
I don’t like the idea of throwing food, but I have very serious doubts Ms. Tucker suffered any injury at all, much less $35K worth. I have no idea what an actual jury would do. ---
**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\ **Post date:** [August 14, 2015, 2:05pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/25 "2015-08-14T14:05:24Z")
What’s the legal term for “emotional distress inflicted by a flying piece of bread”? Suppose the victim was so traumatized that he can no longer look at a roll without flashbacks? Substantial compensation is warranted. ---
**Author:** ![DinoR](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dinor/32/2821_2.png) [@DinoR](https://boards.straightdope.com/u/DinoR)\ **Post date:** [August 14, 2015, 2:10pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/26 "2015-08-14T14:10:02Z")
> [@ralph124c](#): > > What’s the legal term for “emotional distress inflicted by a flying piece of bread”? Someone susceptible to that kind of emotional distress is generally referred to by the broader term “wussbag.” There can be some legal variations state by state. 😉 ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 14, 2015, 2:18pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/27 "2015-08-14T14:18:26Z")
> [@not\_what\_you\_d\_expect](#): > > I have no idea what an actual jury would do. [QUOTE=Jury Foreperson] “Well, initially we considered awarding the plaintiff _something_, but this **kayaker** juror would just start laughing uncontrollably.” [/QUOTE] … ---
**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\ **Post date:** [August 14, 2015, 2:30pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/28 "2015-08-14T14:30:40Z")
> [@kayaker](#): > > … Very Rye humor - soured my impression of you entirely. ---
**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\ **Post date:** [August 14, 2015, 5:53pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/29 "2015-08-14T17:53:47Z")
> [@simster](#): > > Very Rye humor - soured my impression of you entirely. Dough…! ---
**Author:** ![Kenm](https://avatars.discourse-cdn.com/v4/letter/k/bc79bd/32.png) [@Kenm](https://boards.straightdope.com/u/Kenm)\ **Post date:** [August 14, 2015, 6:52pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/30 "2015-08-14T18:52:22Z")
> [@Ethilrist](#): > > I don’t know; she’s probably in a lot of pain. Oh blé, the judge said in throwing out the case. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [August 14, 2015, 6:59pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/31 "2015-08-14T18:59:25Z")
> [@Kenm](#): > > Oh blé, the judge said in throwing out the case. Well, that’s crummy. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [August 14, 2015, 7:01pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/32 "2015-08-14T19:01:19Z")
> [@kayaker](#): > > When the bailiff says, “all rise” the defense attorney should object. Is the trial happening during Passover? ---
**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\ **Post date:** [August 14, 2015, 7:08pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/33 "2015-08-14T19:08:00Z")
Surprised that this likely option has not been mentioned: It will be settled out of court, depending on the evidence she can win the argument, but get very little after it is appealed. The risks are there for both parties to lose so I think this is what we will see here. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [August 14, 2015, 8:16pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/34 "2015-08-14T20:16:29Z")
It seems to me that there isn’t a whole lot of difference between a loaf of seven-grain bread and a paving brick… ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 14, 2015, 8:18pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/35 "2015-08-14T20:18:36Z")
> [@GIGObuster](#): > > Surprised that this likely option has not been mentioned: > > It will be settled out of court, depending on the evidence she can win the argument, but get very little after it is appealed. The risks are there for both parties to lose so I think this is what we will see here. I would gladly throw in some money toward the defendant’s legal fees just to see this play out and receive periodic updates. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 14, 2015, 9:50pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/36 "2015-08-14T21:50:16Z")
To be serious for a moment: there are really two issues here. The first is whether she _assumed the risk_ of being eye-breaded when she went to this restaurant. Assumption of a known risk is a bar to recovery. The answer depends on the facts, really. What did she know? The second is whether she could really have $10,000 in medical bills from being hit in the eye. The answer to that one s unequivocally yes. That’s less than the cost of a corneal replacement, let alone follow-up care and medication and what not. There is a 99% chance the case will settle anyway. She’ll get at yeast a couple of grand. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [August 14, 2015, 10:09pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/37 "2015-08-14T22:09:42Z")
> [@Really\_Not\_All\_That\_Bright](#): > > To be serious for a moment: there are really two issues here. The first is whether she _assumed the risk_ of being eye-breaded when she went to this restaurant. Assumption of a known risk is a bar to recovery. The answer depends on the facts, really. What did she know? Here’s the[Google Maps image](https://www.google.com/maps/@36.8885571,-89.5470064,3a,75y,177.21h,86.48t/data=!3m6!1e1!3m4!1sboi2arzBpfqTyE1CVnQy9Q!2e0!7i13312!8i6656!6m1!1e1) of the front of the restaurant. How does somebody NOT know that they throw rolls? ---
**Author:** ![stillownedbysetters](https://avatars.discourse-cdn.com/v4/letter/s/41988e/32.png) [@stillownedbysetters](https://boards.straightdope.com/u/stillownedbysetters)\ **Post date:** [August 14, 2015, 10:59pm UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/38 "2015-08-14T22:59:24Z")
Asked to explain how the incident occurred, the restaurant’s manager replied “This is just how we roll.” ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [August 15, 2015, 12:24am UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/39 "2015-08-15T00:24:04Z")
It could be worse. She could have gone to that [market](https://www.youtube.com/watch?v=TbtsfyrEF_c&feature=youtu.be&t=125) in Pike’s Place where they throw fish around. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [August 15, 2015, 12:40am UTC](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752/40 "2015-08-15T00:40:46Z")
> [@slash2k](#): > > Here’s the[Google Maps image](https://www.google.com/maps/@36.8885571,-89.5470064,3a,75y,177.21h,86.48t/data=!3m6!1e1!3m4!1sboi2arzBpfqTyE1CVnQy9Q!2e0!7i13312!8i6656!6m1!1e1) of the front of the restaurant. How does somebody NOT know that they throw rolls? Can we sue them for the use of a stupid domain name that offends grammar? Was [www.thrownrolls.com](http://www.thrownrolls.com) already taken? [Previous page](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752.md?page=1) [Next page](https://boards.straightdope.com/t/predict-the-outcome-of-this-lawsuit-man-hit-with-bread/727752.md?page=3)