| June | 2011 BECOME A MEMBER OF NRRDAIf you are not already a NRRDA member, here is how you can join this list of growing restaurant and retail professionals working together to reduce and manage the claims in our industry. www.nrrda.org Illinois Court of Appeals Examines “Distraction” and “Deliberate Encounter” Exceptions to the Open and Obvious Danger Rule
By Beth C. Boggs
Boggs, Avellino, Lach & Boggs
After picking up a bag of topsoil from a pallet located in a “self-service” display outside of Defendant’s Morton, IL store, Plaintiff’s foot went through a slate in an empty wooden pallet positioned in front of the pallet containing topsoil, causing Plaintiff to twist her leg and fall. The trial court granted Defendant’s Motion for Summary Judgment, which alleged, among other counts, that Defendant owed no duty to Plaintiff because the alleged dangerous condition of the empty pallet was open and obvious. On appeal, Plaintiff claimed that the evidence presented during summary judgment proceeding was sufficient to create an issue of material fact as to whether the “distraction” or “deliberate-encounter” exceptions to the open and obvious danger rule applied.
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Defense Verdict in Wrongful Termination Case
By Lambert J. “Joe” Hassinger, Jr.
Galloway, Johnson, Tompkins, Burr & Smith
Beatrous v. Roof Technologies, Inc., 24th Judicial District, Jefferson Parish, Louisiana, Plaintiff brought suit against his employer, a roofing contractor, contending that he was fired in retaliation for making a worker’s compensation claim. More specifically, plaintiff asserted that he sustained a “serious and disabling” wrist injury, but his supervisor discouraged him from making a claim for worker’s compensation benefits because such a claim would adversely impact the supervisor’s safety bonus. He further asserted that, after being denied benefits by his employer, he sought medical treatment from his personal doctor, and when he returned to work he was terminated under the pretext of excessive absences.
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Trial Court Dismisses $18.7 million Claim under Oregon Dram Shop Statute
By Mark P. Scheer and Robert W. Kirsher
Scheer & Zehnder LLP
Plaintiff Ashley Schutz suffered catastrophic injuries from a car accident she had when driving under the influence of alcohol. She sued La Costita, a restaurant where she allegedly had consumed alcohol before the accident. NRRDA member Mark P. Scheer, and his associate, Rob Kirsher, of Scheer & Zehnder LLP in Portland, Oregon, successfully moved for dismissal of the claims against La Costita under Oregon’s dram shop law. The law prohibits first-party claims by patrons against servers of alcohol for injuries caused by the patron’s own voluntary intoxication.
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Submitting an Article for the Newsletter
NRRDA is dedicated to providing its members with updates of nationwide developments and trends relevant to the retail and restaurant industries. We encourage you to bring such developments to our attention by submitting a summary of or article pertaining to such developments. Please forward your proposed submissions to Beth Boggs, c/o NRRDA at adelel@nrrda.org.
What is NRRDA?
NRRDA is an independent, non–profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places you at the forefront of the development of strategies to reduce the number and severity of claims, manage common risks, and enhance our defense position in litigated matters.
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