Posted on 09/10/2011 1:16:08 AM PDT by rawhide
Lacey said he first found out about it when the calls started coming into the restaurants.
'It was a series of phone calls for several weeks where it was either people in earnest asking us to come and remove carcasses or prank calls,' Lacey said.
The listing was reprinted in other printed and online telephone directories last year and this year. It circulated on the Internet and in forwarded emails, and a reference to the listing ending up in a customer review on the restaurant's Facebook page.
.in January,Jay Leno joked about it on the the Tonight Show...
Lacey's lawsuit says a Dex Media employee deliberately published the listing after Lacey declined to buy an advertisement from him.
He filed the lawsuit in state court in August,and the case was moved to federal court on Tuesday.
The publishing company failed to properly oversee its employee and didn't follow quality-control procedures to keep the listing from running, the complaint claims.
In Dex Media's response filed with the court, though, the company said the restaurant 'assumed the risk of errors' when it authorized its telephone number to be listed in phone directories.
The restaurant gave that authorisation when it bought telephone service through a local telephone service provider,the response said.
Dex Media's response also said that someone from the restaurant negligently berated a Dex employee.
The restaurant should have foreseen that could have had negative consequences, so the restaurant is at least partly responsible for the damages, the publishing company said.
The company also argues that Dex is not responsible for the conduct of its employees if they operate outside the scope of their employment - and the employee who changed the restaurant's listing to appear under the 'Animal Carcass Removal' heading was operating outside the scope of his job.
(Excerpt) Read more at dailymail.co.uk ...
I cannot believe the asinine reasons the phone company is saying as to why they are not responsible for what their employee said!
I say the restaurant owner deserves every penny he is suing for. In fact, if I were on the jury, I would give the owner more than he is suing for. And the phone company should be responsible to pay separately for the restaurant's owner legal fees!
The title of this article says the restaurant was listed accidentally under ‘animal carcass removal’ which is not true. It was a deliberate listing by a rogue telephone company employee.
The restaurant should have foreseen that could have had negative consequences, so the restaurant is at least partly responsible for the damages, the publishing company said.
How in the world can the phone company argue this in court? What kind of lawyer does this phone company have representing them?
LOL!
the(now hopefully ex)employee for the phone company has a few issues that need to be settled and the company itself needs to seriously re evaluate their policies
To clarify, Dex Media is not a phone company, it is a marketing company that apparently specializes in telephone directories.
Noted. Thanks.
I had a yellow pages company forge contracts and send me bills - they’re capable of anything. No ethics.
That’s sick!
;^)
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