Re: injury at waffle house in florida

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I'm only a student, so I am not sure about this problem. I
have not completed torts study yet, but it looks
like "negligence" to me. Also worker's comp should have a
way to make a claim for this since it was an injury on the
job. If it is negligence on the manager's part there would
be a civil lawsuit for negligence, which from what I
understand if successful could result in nominal damages (to
show fault), general damages (hospital bills, travel to
hospital, lost wages, medicine, Pain & suffering, and future
similar expected expenses...basically to put you back in the
place you would have been had the incident not taken place),
and possible punitive damages (very slim chance, since I
think that might be in the case of strict liability which
this case is not based on the facts, or very gross negligence
or wanton disregard which this case is not based on the
facts). If a civil suit is brought it would be against the
Waffle House and the Manager as defendants, because the
Waffle House is vicariously liable for the actions of its
employees in the course of their duties.

The only reason I am saying possible negligence is that the
manager is the cause of "the door slams open and
hits me in my left temple, knocking me back against the
counter. I just grabbed my mouth to keep from screaming out
loud in front of the customers, and then the manager who
was the one to slam thru the door and hit me, grabs me and
pulls me thru the door." However, you should know that the
defendant would likely introduce a defense of contributory
negligence on your part for being bent over hidden behind a
door that swings open in a busy dining facility where you
should have taken better care of yourself so as not to bend
over in front of a swinging door. I am not sure what this
defense would do to your problem, I have not had the
opportunity to study it thus far. A professional attorney
could tell you all about what to do in your problem, who to
make a claim to, and if you have a civil suit or not, and the
likelihood of winning a case and collecting on it also. But,
of course they will need to gather all the facts from you.
You have put many details in your post, but some of them are
very irrelevant. The bottom line is you were injured and
liability must be assessed. Once a likely liability can be
assessed an attorney can advise you what steps to take. I
would suggest contacting an attorney to get things going. A
personal injury attorney would probably be your starting
point. Contact your local State Bar Association and obtain a
referral.

The information above is not advise and is merely an academic
analysis of a fact pattern presented for academic discussion
only. In other words I am not offering any legal advise and
nothing should be taken from it as legal advise.

On 9/25/05, waffleslave wrote:
> Yesterday morning I was working at the Waffle House in
> Destin Florida. I looked thru the swinging door to make
> sure noone was coming thru then bent over to pick up some
> toast that I had dropped off a plate I taking off a table.
> As I was straightening back up, the door slams open and
> hits me in my left temple, knocking me back against the
> counter. I just grabbed my mouth to keep from screaming out
> loud in front of the customers, and then the manager who
> was the one to slam thru the door and hit me, grabs me and
> pulls me thru the door. I dropped to my knees cause all I
> could see was a purple flash of light and I lost all my
> balance. I stumbled back up and staggered to the back door
> while the manager was saying over and over again how sorry
> he/she was to hit me with the door. He/She then went and
> grabbed a towel of ice while I tried to get my vision back.
> I told her it was ok that accidents happened. I then tried
> to go back to work. I was waiting on 3 tables when all of a
> sudden my vision blurred and I got extremely nauseous, and
> disoriented. I then stumbled to the back room and was dry
> heaving into the trashcan. I told the manager then that I
> was sorry but I couldnt finish out the day as there was
> something definitely wrong with me. She said I couldn't go
> until someone came to replace me cause that would leave her
> store short help. I was crying by this time cause all of a
> sudden it felt like there was a jackhammer trying to come
> from behind my eyes. I tried calling the District and
> Division Managers to get some help while I waited on my
> ride. The whole time she is running around back and forth
> loudly wondering what she is gonna do with a short store. I
> was extremely nauseous by this time and could barely stand
> so I went out the back door and sat on the ground. One of
> the waitresses came out back to make sure I was allright.
> The manager then told me I had to call Workmans comp right
> then and there before I went to the hospital. I pulled out
> my cell phone and tried calling them. The gentleman on the
> phone asked me politely between dry heaves to just call him
> back after I got out of the hospital. My ride got there
> shortly after that and I arrived at the hospital about an
> hour after the incident. I was taken to the back
> immediately and was seen by a doctor who ordered a CAT scan
> for me. I was very lethargic and nauseous by this time as
> well as in a tremendous amount of pain. It seemed that the
> lights in the ceiling was stabbing into my skull, and every
> little sound felt like a very bad high school band banging
> snare drums behind my eyeballs. The registering lady then
> came into my room to have me sign some papers. She made a
> point of telling me that my manager called to make sure I
> had a drug test done and that I HAD to sign the papers for
> it considering how I was injured on the job. My cell phone
> then rang and it was my manager on the line telling my ride
> to make sure I had my drug test done. I was pretty
> disgusted by this time that my manager was more concerned
> with my drug test than with the injury that he/she caused
> me. I was given a shot for nausea which made me extremely
> sleepy and groggy, and then was taken for my CAT scan and
> came back. I laid there for awhile in and out of
> groggyland. The nurse finally came in and said she was
> giving me my drug test considering how my manager called up
> yet again to inquire about it. She then asked me what meds
> I was on. I then informed her of the meds I have been
> taking for the last 4 months. Mobic 7.5mg, Cyclobenzaprine
> 10 mg, Hydrocodone/APAP 5-10/500 (2 prescriptions there for
> strong and weak ones depending on the level of my pain that
> day), Methocarbamol 750 mg, Carisoprodel 350 mg, Fluoxetine
> 20mg, Albuterol 90 mcg inhaler IVX, Phenergan 25mg
> suppositories, Promethazine (the shot she just gave me),
> Tylenol 3-codeine, Xanax 1.0 mg, Prednisone 20 mg, Septra
> DS, Bactrim DS, Panlor SS/ dihydrocodeine, Tramadol HCL 50
> mg, Erythnomycin 250 mg, Neurontin Tablets, Vanceril 42 mg,
> Naproxen 500 mg. < I feel that I should insert here that I
> had a injury to my back that herniated two discs, and gave
> me severe migraines about 3 years ago, which I've been
> dealing with along with finding out my Father was dying as
> well, hence the depression and the adjustment from the too
> strong Xanax to Prozac/Flouxetine. As well as two weeks ago
> having minor surgery done and fracturing my right ring
> finger at the tip just last week with a trailer hitch at
> home > After thinking a moment wondering if I got all of
> them correctly I looked over at the nurse. She was just
> standing there staring at me holding the cup. I asked her
> what was wrong and she just shook her head some and started
> to put the cup away. She flat out asked me then if I
> thought I would pass the test and I told her I didn't think
> so considering most of those meds give back false results
> and most where in my system still. She then informed me
> that I could refuse to take the drug test, especially
> considering how I was not injured thru no fault of my own
> and obviousily the manager knew I wouldn't be able to pass
> the test and was trying to keep him/herself out of trouble.
> I kinda chuckled then thinking that was funny, I told her I
> just thought that the manager was trying to do his/her job
> by the letter cause that was the kind of person he/she
> is...... until later. I told her ok since by then all I
> really wanted was to go home and lock myself in a cave to
> let my head finally explode and be sick in dignity. She
> then handed me some papers and told me to sign them. At
> this time she had already given me a Lortab, and if I
> thought my vision was fuzzy before it was nothing compared
> to how I was feeling then. But I did notice that on top of
> the permission slip I had already signed for the drug test
> she drew in 2 line's and wrote next to one *PA refused*. I
> signed it and asked her about who was signing the second
> line under it and what did it mean? She took the papers
> from me and then told me she would witness it later, that
> it was just my refusal to take a drug test. I then asked
> her if I would be in any trouble for not doing a test I was
> willing to take even though I knew it was going to be a
> long hassle proving that it wasn't illegal drugs it was all
> prescriptions from a pain management doctor and my family
> doctor, she said she didn't know but was pretty sure I
> wouldn't be. I then was allowed to go home. I didn't think
> anything odd when noone from Waffle House called me. Until
> around 8pm that night that one waitress who went out back
> to check on me called me at home to make sure I was all
> right. I then realized that the *Manager* who was the one
> who caused all this mess, and who was SO concerned about ME
> getting my drug test had never called. Noone other than
> that one waitress has called me to see if I am ok or if I'm
> alive, or even coming to work Monday morning like I'm
> scheduled to. Not even the Division manager who knew I was
> going to the hospital and wished me well before I left that
> store that day. Not even my District Manager, who's job it
> is to make sure his stores are running good and his people
> are allright. And to think, me, who has been a associate
> for about five years now, and who is also a relief
> manager as well, thought these people actually cared about
> their employees? Well all in all. Final prognosis was that
> I had a Cerebral Concussion, with some swelling of the
> brain but no bleeding. I still haven't eaten since
> Saturday. The nausea is way too bad. I have to wear
> sunglasses in the house cause lights hurts my eyes real bad
> and it feels like the light is slicing thru my skull. And
> I'm seriousily considering buying a ducttape company for my
> children who love to scream shrilly right now outside my
> window as i type this. As I sit here noticing it's only a
> hour before we all get paid at the Waffle House, I wonder
> if I should have someone drive me down there for my
> paycheck. If I trust myself enough to walk into that store
> and not let them know how I feel about the way I was
> treated. And if I still have a job for not taking a drug
> test? What can I do in this situation? It has taken me
> almost 3 hours to type this story as I'm squinting real bad
> trying to focus on the screen. Does a Waffle House manager
> have the right to hurt someone bad enough that they can't
> work the past two days and not too sure when they can be
> able to come back? Do they have the right to insist on a
> test they know will come back Positive cause of my legal
> prescriptions? Do they have the right to just treat people
> this way. Because right now not only am I physically hurt
> but I'm very emotionally torn up about all this. I can't
> even play with my kids nor watch a movie with my man cause
> of this physical pain with my head. And do I really want to
> see if I'm working tomorrow? Someone please help me here.
> I'm very sorry for the long post I didn't even realize I
> was baring my soul here, but I have no clue what to do.
> This isn't the first time I've been treated badly by a
> Waffle House Manager. The last one refused me the Family
> Medical Leave Act when I found out my father was dying and
> needed a little time off to help Him and my Mother get
> their affairs in order, and to have a Nervous Breakdown as
> well over the fact he was soon to be out of my world. To
> have a recorded voicemail of a manager cussing me out for
> being late to work cause I had to pick up a Grill Operator
> who lived 30 miles from the store. I have had physical
> abuse upon emotional and physchological abuse from this so
> called Waffle House Family Company. But I did sign a
> Arbitration agreement when I was hired, even though its
> been since before July that I was denied time off to take
> care of my family (only wanted four days off, since I'm a
> single mom supporting two children and helping my parents
> out). Heck it only took them about a month to let me come
> back to work. I've been back for my 3rd or 4th week and
> still haven't received a paycheck nor the backpay or
> correct payrate I was to have. For some reason I feel and
> some other associates feel that it's not US that makes the
> company.... It's the higher ups who can use and abuse you
> who makes the company and their is nothing we can do about
> it. Can someone please help me. Let me know what the law is
> and what I can legally do about this.....