by: Peter J. Gallagher (@pjsgallagher)
Not too long ago, I posted about a lawsuit filed by a diner against Applebees. (Click here if you don't remember.) In that case, the diner was allegedly burned after he leaned over a plate of sizzling fajitas for a pre-meal prayer. He sued, alleging that the hot plate was a dangerous and hazardous condition. Applebees argued that even if this was true, the dangerous condition was open, obvious, and easily understood, therefore it could not be liable for any damages that resulted from it. The court agreed and granted summary judgment in favor of Applebees.
Now comes another case where a diner was injured at a casual dining restaurant. This one, Clark v. Darden Restaurants, Inc., involved Red Lobster. In Clark, plaintiff was dining with a friend at Red Lobster. He was injured when their server dropped a plate on the table, causing the plate to shatter. Shards from the shattered plate punctured plaintiff's eyes. According to the court, the "evidence against the restaurant was damning." The server admitted that the plate was "slippery" and "greasy" and that he did not handle it properly. In light of this one-sided evidence, plaintiff moved for summary judgment, "invoking the familiar tort doctrine of res ipsa loquitur." He won, and Red Lobster appealed.