Dell & Schaefer sues restaurant and recovers settlement due to employee’s negligent actions

When the negligence of a business establishment such as a restaurant causes you to be injured, you may not know that you can sue the business. After all, if it was only an employee that caused your injuries (instead of the actual management of the store), you may think that the employee doesn’t really represent the business. Therefore, you may reason, the business really didn’t do anything wrong.

This is incorrect. If you are injured due to the negligence of an employee of a business establishment, then the business will be responsible for the employee’s negligence. This legal concept is known as vicarious liability. That is, if the negligence of an employee of a business causes injury to a patron of the business, the business will be “vicariously liable” for that negligence.

Employee Negligence Results in Neck Injury

Our client was a 50-year-old mother of two boys. At the time of her accident, our client was at a restaurant eating a meal with her husband.

As our client ate her food, a restaurant employee approached the area where our client was sitting and attempted to grab a stack of trays that was located on a stand behind our client. Unfortunately, after the employee picked up the stack of trays, he dropped the stack. Multiple trays slammed down onto our client’s neck.

Following the accident, our client was taken to a nearby emergency room. The doctors at the emergency room examined our client and determined that she had sustained a neck strain. Our client was discharged from the emergency room and told to follow up with another doctor.

Within days of the accident, our client visited the office of a local chiropractor. The chiropractor examined our client and prescribed her a strict course of chiropractic treatment. Our client began to receive chiropractic therapy multiple times a week. This lasted for multiple months.

When our client didn’t get any better, the chiropractor referred her for an MRI. Our client went and had the MRI administered, and the results revealed that our client had sustained multiple herniated discs in her neck. This explained the terrible pain that our client was experiencing in her neck.

Dell & Schaefer files a Lawsuit Against Restaurant $15,000

At first, our client didn’t consider pursuing a personal injury case. After all, it was the employee of the restaurant that caused our client to be injured – not the management of the restaurant. Since the management of the restaurant didn’t do anything wrong, our client reasoned, the restaurant couldn’t be responsible and she couldn’t sue.

Before coming to any final conclusions, however, our client decided to contact Attorneys at Dell & Schaefer. We told our client that she could pursue a case in spite of the fact that it was just a restaurant employee that injured her.

After our client understood the concept, we filed a lawsuit. We argued that the neck injury had caused terrible effects on our client’s life. She was the mother of two young boys, and she was very active in their lives. Our client’s children played sports, and our client was involved in their sports – bringing them to their games, helping them with the equipment, etc. Our client described herself as a “soccer mom.” However, for a long time after the accident, our client wasn’t able to participate in her children’s lives in the same way she did before the accident. This caused much frustration for our client.

The case against the restaurant was resolved for a confidential sum of money. Our client was very happy with the result. If you are injured by the negligence of an employee of a business establishment, contact us to discuss your options.


Saturday, June 21, 2014
Mike Storey:

If there is no charge for answering my question: I went to Sonic Drive Through last Friday. Ordered a cherry icee. He said – a lime aid? So I went forward to window and told him cherry icee. Took it home and after drinking it there were black looking objects in bottom under ice. It was 3 lime slices! Later on I had a bad headache and was nauseated for few hours. Looking on internet it says limes can cause headache. I contacted Sonic and told them everything. They said sorry my expectations weren’t met, they would let the store mgmt. know. Does this constitute vicarious liability? I still have cup and 3 limes in freezer. Thank you very much for any opinion.

Sunday, June 22, 2014
Jason Macri:


Headaches are not a permanent injury and therefore you would not have a claim.

Wednesday, May 25, 2016

Lastnight dining, I bit into my food and there was a sharp piece of glass that cut the inside of my mouth. Of course it bled a little but not to the fact that I’d need stitches; nevertheless, it was a piece (a fair sized piece) of glass cooked into my food. The manager acted as if it was normal and offered free dessert and taking it of the bill. I didn’t feel as if the manager even cared as I sat with a cut and blood in my mouth. Is there anything that can be done?

Monday, May 30, 2016
Attorney Jason Macri:

Hi Lisa,

We are sorry to hear about what happened at the restaurant. Since you had minor injury, there is nothing else that can be done. Fortunately you were not seriously hurt.

Saturday, January 13, 2018

Recently I was eating breakfast at Cracker Barrel old time restaurant and a waiter rushing out the kitchen dropped a bowl, glass went flying, I was struck in the eye. Management came over to my table, I was 8-10′ away, the manager gave me a cold rag took a picture of my eye and all my information. Since then I have been treating with an eye doctor who said I had a cornea abrasion. He referred me to a Neuro doctor for my Migraine head aches from the eye damage, still in pain 2 months later. Cracker barrel contacted me and said their self insured and will take care of me? Should I fill suit or wait to see what happens?

Wednesday, January 17, 2018
Attorney Jason Macri:

Hi Fred,

When did this happen and where was the Cracker Barrel located? Have you already given a statement to Cracker Barrel risk management? Has Cracker Barrel asked you to sign any documents such as a release or a medical authorization form? Were you with anyone at the time this incident occurred? Also, were there any other witnesses to the incident? Please feel free to call us so that we can let you know how we may be able to help.

Wednesday, May 9, 2018

I went to Waffle House on 05/0618 and ordered my food and a glass of water so a little while after eating I asked for a refill of water but as I got to the end of my food that’s when I started tasting what I was drinking, so I asked the waitress what did she give me and she said “water” then I said that it tasted funny and weird, so the manager ran over and said noo don’t give him that, that’s not water it’s some type of cleaning liquid witch filter there drink machines…

So I went home, a couple hours later I started having pain in my abominable and my blatter so then I went to the hospital they did a X-ray and a ct-scan and my results came back and it showed that I have diverticulitis (inflammation) witch cause my stomach area to swallow that they put me on 4 different meds… does this fall under the liability?

Monday, May 14, 2018
Attorney Jason Macri:

HI Dominique,

Sorry to hear about what happened to you at Waffle House. Where is the Waffle House located? Was an incident report created? Did the manager speak with you directly about the incident? Were you with anyone at the time of the incident? Please feel free to call us so that we can let you know how we may be able to help.

Saturday, August 18, 2018
Makenzie G.:

Hi, my name is Makenzie Green. I’m asking for my fiancé who is currently hospitalized. Last night around 6:30 pm we went to long horn steak house. While we were eating my fiancé choked on a piece of his steak. He immediately threw up a ton of blood at the table. After the fact of my fiancé throwing up large amounts of blood the manager came over asked if he was okay and then walked away. We left immediately. We got home he started feeling terrible again. He ended up throwing up 3 more times of nothing but blood. We went into the emergency and he has a very large tear in his esophagus which he is now hospitalized for. Is there anything we can do?

Sunday, August 19, 2018
Attorney Jason Macri:

Hi Makenzie,

Where is the restaurant located? What type of food was your husband eating at the time of the incident? What caused the tear in his esophagus? Was there any foreign object within the food? Please feel free to call us so that we can speak further about this incident and let you know what we may be able to do to help you and your fiancé.

Monday, September 10, 2018
Kandia B.:

Hey, I walked into a deli restaurant during my lunch break and when I walked in an employee called out to me. When I turned around the display glass for the meat was up in the air and end up splitting the skin on the top of my eye and causing whiplash. An employee grabbed me and said it wasn’t suppose to be there. I went to the hospital with the ambulance and recieved an IV in my arm and stitches in my face and pain medication and I have been having bad headaches. Do I have an claim and how much can it be worth?

Tuesday, September 11, 2018
Attorney Jason Macri:

Hi Kandia, where and when did this happen? Why did the employee tell you that you weren’t supposed to be there? What was the reason why the display glass for the meat was up in the air? Please feel free to call us so that we can let you know how we may be able to help.

Saturday, December 8, 2018
Cecilia O.:

I brought home my Luby’s to go order of mac and cheese and when I tried to chew it I couldn’t swallow it. When I spit it out and examined with my fork it turned out to be a whole plastic glove baked in it. It’s so disgusting thinking of some sweaty hand inside this glove in my mouth and the possible ramifications of swallowing plastic. Do I have a case against Lubys?

Sunday, December 9, 2018
Attorney Jason Macri:

Hi Cecilia,

When did this happen and where is the Luby’s located? Did you photograph the product and do you still have the product with the glove baked into it? Did you require any medical attention as a result of this incident? Please feel free to call us so that we can let you know how we may be able to help.

Sunday, March 24, 2019

In January 2001 a New York man attended a family birthday party at a Benihana restaurant, where chefs, while cooking at the table, routinely throw pieces of food for diners to catch with their mouths. The man wrenched his neck while ducking a piece of flying shrimp, requiring treatment by several doctors. By that summer, doctors determined surgery was necessary to treat numbness in his arm.

Five months after surgery, he checked into the hospital with a high fever and died. The family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery, which in turn was the result of the chef’s actions in throwing food at diners. Do you believe that Benihana should be liable for the man’s death? Why or why not?

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