Posts Tagged ‘safety’

Pizza Hut told to pay $11 million for epileptic driver’s crash

Lawyers “argued that Pizza Hut was responsible for the collision because they hired [deliverer Nicole] Fisk, who had a driver’s license for only three months and had a history of suffering blackout spells and staring episodes.” Pizza Hut countered (unsuccessfully) that Fisk’s epilepsy was diagnosed only after the crash, which seriously injured a mother and daughter in another vehicle. [San Diego Union-Tribune via Lipman, Legal Blog Watch] And yes, it does call to mind the case I wrote about more than a decade ago:

You may think I’m making this up unless I offer a verbatim quote, so here’s exactly what the Washington Post reported in a front-page story on April 8 [1997]: “In January, a former truck driver for Ryder Systems, Inc., won a $ 5.5-million jury verdict after claiming, under the ADA [Americans with Disabilities Act], that Ryder unfairly removed him from his position after he suffered an epileptic seizure, saying his health condition could be a safety hazard. During the time he was blocked from his job at Ryder, the driver was hired by another firm, had a seizure behind the wheel and crashed into a tree. Ryder is appealing the verdict.”

“Felony charges dropped in fire-breathing bartenders case”

Fairfax County, Virginia prosecutors had charged two bartenders at Jimmy’s Old Town Tavern in Herndon over the trick, which (the report suggests) resulted in no mishap or injuries and which the tavern owner said they had done hundreds of times previously. They still face misdemeanor charges. [Fairfax Times] Scott Greenfield discusses the case (with a mention of yours truly) and proposes a “bartender flambé” rule for knowing when the bubble-ization of everyday life has gone too far.

June 21 roundup

  • After Mohawk Industries settlement, many employers could be sitting ducks for suits claiming that hiring illegal workers is RICO violation [Helman, Forbes, earlier]
  • Teen tries to help child lost in store, winds up facing felony rap of false imprisonment [Greenfield]
  • Federal magistrate in debt collection case: letter on law firm letterhead implies threat to sue [Legal Intelligencer]
  • On “professional” class action objectors [Ted at PoL]
  • Coal company claims ventilation system ordered by government regulators might have been a cause of deadly April mine explosion [WSJ]
  • Senate committee approves judicial nomination of John (“Jack”) McConnell, impresario of Rhode Island lead-paint litigation; William Jacobson explains critics’ charges regarding couching of legal fee as purported hospital donation [Legal Insurrection]
  • Hey, stop siphoning that oil slick, we haven’t checked your life jackets and extinguishers [GatewayPundit] Gulf oil rig registered for purposes of regulation in remote Pacific island chain [Legal Blog Watch] Richard Epstein on oil spill liability [WSJ] BP will never pay full price of accident [Popehat] Check back in 2031 to see how the litigation went [Alex Beam, Boston Globe]
  • American Constitution Society holds panel discussion on Iqbal and Twombly [BLT] “Is It Too Much to Ask That a Lawsuit Be ‘Plausible’?” [Richard Samp, WLF Legal Pulse]