I thought that my Monday blog should include some law! So, today I write about two unusual lawsuits. One is settled and the other is still pending and headed to trial.
First involves a mascot and ESPN (Chicago Tribune)
A wrongful injury lawsuit filed against ESPN by the school mascot for Mississippi State has been settled. The plaintiff, one of the university’s cheerleaders, was dressed as Bully the Mascot when she was run over by one of ESPN’s motorized television cameras. According to the lawsuit, the plaintiff suffered a compound fracture to her lower left leg during the incident. The plaintiff filed suit against both ESPN and Mississippi State seeking $75,000 in actual and compensatory damages. The amount of the recent settlement with ESPN has not been disclosed. She still has pins in her leg and continues to experience pain.
The second lawsuit is an employment wages lawsuit (The Post and Courier) that was filed against a Charleston, South Carolina restaurant for “breakage”.
A wage theft lawsuit filed against a seafood restaurant in Charleston, South Carolina, is headed to trial. The lawsuit was filed over the policy of Hyman’s Seafood Co. of charging employees under a “breakage fee policy” whenever employees would break glasses or dishes. According to the complaint which has been filed by 160 current and former employees of the restaurant, Hyman’s violated the Fair Labor Standards Act by charging employees a breakage fee.
In a deposition, the restaurant owner admitted that he had not consulted an attorney before implementing his policy. The plaintiffs need to show that his conduct in implementing such a policy “knew or showed reckless disregard”. It would make me nervous carrying the plates!
And finally our pic o’ day