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Mich. woman can sue over toilet paper dispenser
Wapo ^ | 12/06/10 | Ed White

Posted on 12/06/2010 12:15:18 PM PST by freespirited

The Michigan Supreme Court has refused to throw out Sheri Schooley's lawsuit against Texas Roadhouse in suburban Detroit. Liberal justices were in the majority in a decision that raises questions about what businesses need to do to protect themselves from liability in strange situations.

Schooley, 58, acknowledged it's a "bizarre story." She and her husband were out for dinner on New Year's Eve 2007 when she visited the restroom.

"I reached and the cover of the toilet paper dispenser fell down on my hand," the South Rockwood woman told The Associated Press on Monday. "It looked like the dispenser was up but it wasn't latched...."

But the pain didn't fade, she said, and her husband had to cut her steak. When Schooley returned to work, she couldn't use a stapler. Diagnosis: broken bone....

Three years later, "I still cannot use the hand. I have no grip," said Schooley, who had to quit her job as an administrative assistant because she couldn't type.

A Wayne County judge and the state appeals court have refused the restaurant's request to dismiss the lawsuit. The Supreme Court has twice followed the lower courts, most recently in an order released Saturday.

There is no evidence that restaurant employees inspected "toilet paper dispensers to see if they were closed," Chief Justice Marilyn Kelly wrote...

The court's three conservative justices said the liberal majority was overreaching. In a biting dissent, Justice Stephen Markman noted that the restroom was checked for wet floors and other obvious problems every 15 to 30 minutes.

Texas Roadhouse "apparently also had a legal duty to inspect for hazards that could not reasonably have been anticipated, such as a toilet paper dispenser opening unexpectedly," Markman wrote sarcastically....

(Excerpt) Read more at washingtonpost.com ...


TOPICS: News/Current Events; US: Michigan
KEYWORDS: lawsuitnation; loserpays; napl; personalinjury; suesuesue; tortreform; triallawyers
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Wake me when it's over.
1 posted on 12/06/2010 12:15:26 PM PST by freespirited
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To: freespirited

thats a load of crap ...


2 posted on 12/06/2010 12:16:39 PM PST by dartuser ("The difference between genius and stupidity is genius has limits.")
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To: freespirited

I don’t understand how this caused her long term injury.


3 posted on 12/06/2010 12:20:02 PM PST by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: freespirited

This can’t end well.


4 posted on 12/06/2010 12:20:02 PM PST by RexBeach
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To: freespirited

I take it she was sitting down (is this being indelicate?) She reaches for the TP dispenser which is where? Was her hand on the floor for some reason and the dispenser fell on it. I mean in relation to where she sat and the ‘usual’ distance a TP dispenser would be. Even if it was those plastic double roll models the device would have pushed her hand aside as it fell.Something doesn’t pass the smell test.


5 posted on 12/06/2010 12:22:07 PM PST by ReverendJames (Only a lawyer and a painter can change black to white)
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To: freespirited
...and her husband had to cut her steak...

Did her husband have to finish the paperwork for her too?

6 posted on 12/06/2010 12:22:29 PM PST by Never on my watch (This is a revolution d@mmit, we're going to have to offend SOMEbody! (Adams character - 1776))
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To: freespirited

Another one to tell my friends in San Sai. They love to laugh at my stories of idiotic law suits. However, some days I just have to puke when I realize this obvious stupidity is doing its part to destroy America.


7 posted on 12/06/2010 12:22:36 PM PST by JimSEA
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To: freespirited

Who’s gonna pay for the damage when her finger poked through the toilet paper?


8 posted on 12/06/2010 12:22:54 PM PST by albie
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To: freespirited

this all stinks to high heaven....I think they pulled this half azzed decision out of their butts...and some of you need to just wipe that smirk off right now. That sort of crap has to stop. We need to keep this all clean and flowing in a proper manner.


9 posted on 12/06/2010 12:23:30 PM PST by oust the louse (When you subsidize poverty and failure, you get more of both.)
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To: freespirited

Judges that refuse to admit any notion of common sense or rationality in their judgements.

The cases are innumerable and include a judge in DC suing a drycleaner and bankrupting them for a pair of lost pants with “emotional value”.


10 posted on 12/06/2010 12:26:37 PM PST by swarthyguy (KIDS! Deficit, Debt,Taxes! Pfft Lookit the bright side of our legacy -America is almost SmokFrei!)
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To: freespirited

Common to both sets: crap and frivolous lawsuits....Johnny Edwards


11 posted on 12/06/2010 12:26:46 PM PST by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: freespirited

I guess it will be BYOTP from now on.


12 posted on 12/06/2010 12:27:48 PM PST by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: DonaldC

“I don’t understand how this caused her long term injury.”

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Next question.


13 posted on 12/06/2010 12:27:53 PM PST by dangerdoc (see post #6)
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To: freespirited

Oh, puhleeze. A toilet paper dispenser lid fell on her hand and disabled her for life? Not buying it.


14 posted on 12/06/2010 12:28:17 PM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: freespirited

15 posted on 12/06/2010 12:28:48 PM PST by MarkLevinFan (Thank me!)
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To: freespirited

"I don't have a square to spare."
16 posted on 12/06/2010 12:30:08 PM PST by Rebelbase
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To: freespirited

That thing is toilet seat level and below. How in heck does that break a finger unless she was feeling around on the disgusting floor when it fell on her hand? Doesn’t make sense.


17 posted on 12/06/2010 12:30:23 PM PST by ReneeLynn (Socialism is SO yesterday. Fascism, it*s the new black. Mmm Mmm Mmm.)
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To: Never on my watch

They had a lawyer on retainer for that.


18 posted on 12/06/2010 12:32:01 PM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: DonaldC
I don’t understand how this caused her long term injury.

That's because you are not a lawyer...

19 posted on 12/06/2010 12:32:20 PM PST by null and void (We are now in day 684 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Rebelbase

LOL! Someone get Sheryl Crow on the case. ;)


20 posted on 12/06/2010 12:32:34 PM PST by proud American in Canada (To paraphrase Sarah Palin: I love when the liberals get all wee-wee'd up.)
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To: dartuser

I disagree with all of the posts on this thread. The woman was injured. After looking at the evidence, the court has decided it was legit.

Imagine you were in a restroom and put your hand under the dryer (all you jokers here) and the dryer just fell off and amputated your foot?

Unreal. I suffered a hand injury many years ago... but I didn’t have anyone to sue...I’ve been through the MILL about it but sometimes, weird things can happen that people just can’t explain.

All you sarcastic people need to just humble yourselves and be happy that you haven’t been injured.


21 posted on 12/06/2010 12:36:27 PM PST by Paved Paradise
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To: freespirited
But the pain didn't fade, she said, and her husband had to cut her steak. Oh the horror!
22 posted on 12/06/2010 12:37:17 PM PST by ColdOne
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To: freespirited

What a bunch of crap.


23 posted on 12/06/2010 12:38:35 PM PST by Leg Olam (A pipe gives a wise man time to think and a fool something to stick in his mouth.)
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To: lacrew
I think we can expect motion-sensor TP dispensers soon. ONE sheet for each wave of the hand.
24 posted on 12/06/2010 12:38:46 PM PST by Never on my watch (This is a revolution d@mmit, we're going to have to offend SOMEbody! (Adams character - 1776))
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To: ReverendJames

Whenever people try to recreate these weird accident events and act as if they were there, I really want to scream.

Not every accident goes according to the logistics you have figured out in YOUR mind.


25 posted on 12/06/2010 12:38:46 PM PST by Paved Paradise
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To: Paved Paradise

Thank you.


26 posted on 12/06/2010 12:42:44 PM PST by DallasDeb
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To: freespirited

eeeeehhhhh.... no...

How high up on the wall was this dispenser?


27 posted on 12/06/2010 12:46:56 PM PST by GeronL
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To: Never on my watch

Our lives were too easy with no-flush toilets, internally pleading for more water to come out, wondering if the auto-soap will work or pump too much, having to hurt our hands waving them under to get the magic towel.

What a joke everything is now.


28 posted on 12/06/2010 12:47:08 PM PST by Borax Queen
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To: All

This is from the ruling:

Plaintiff was a patron of a Texas Roadhouse restaurant owned and operated by defendant, where she alleges that, while she was using the restroom, a plastic toilet-paper dispenser fell open onto her, causing a broken hand. After the incident, she returned to her table and finished her dinner and subsequently returned to the restaurant on several occasions before filing suit nearly a year later.


29 posted on 12/06/2010 12:47:37 PM PST by freespirited (This tagline dedicated to the memory of John Armor, a/k/a Congressman Billybob.)
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To: Paved Paradise

“I really want to scream.”

Wow you are really taking this personally.

I think she will be fine, a nice cash polstice usually fixes things just right.


30 posted on 12/06/2010 12:50:33 PM PST by dangerdoc (see post #6)
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To: Paved Paradise

Then why in the h*** did she return to the restaurant several times before filing suit? (see post #29)


31 posted on 12/06/2010 12:51:00 PM PST by Hoosier Catholic Momma (Arkansas resident of Hoosier upbringing--Yankee with a southern twang)
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To: freespirited

Well, you know, it took her a bit of time to find the right lawyer.


32 posted on 12/06/2010 12:51:07 PM PST by facedown (Armed in the Heartland)
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To: Paved Paradise
They should do a Myth Busters try. Set up the scenario in their house and try it out. There's a double roll dispenser in the men's room at a local restaurant. That dispenser is sited a bit forward and almost mid-body height when sitting down. There is no way it could break your hand if if fell off the wall. What did she try to do? Catch it as it fell? Yeah that's it. That's how she had her hand broken. But she didn't say that. Be nice to be able to follow this story.
33 posted on 12/06/2010 12:57:12 PM PST by ReverendJames (Only a lawyer and a painter can change black to white)
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To: freespirited

One of my wife’s co-workers joined her on a business trip to Taiwan. One evening they were partying at a classy restaurant, he in a nice suit, when he needed to visit the men’s room.

He was in shock, that there were no toilets, only a large hole in the floor. But he had to go - badly.

So he takes off his suit jacket, hangs it on the door, then drops his trousers as far as he dared without them being on the floor; then leans back as far as he could, to use the hole in the floor. To help his leaning, he placed his outstretched arms on the door handle and leaned back as far as he could.

With that the door flew open, then broke off its hinges, whilst he fell into the hole in the floor with the door landing on top of him. Yelling for help, finally a waiter came in, helped him up, and tried to clean him off as best as he could.

Passing my wife’s party table, he called it a night, and consoled himself in his hotel room with a nice hot shower.


34 posted on 12/06/2010 1:00:00 PM PST by Noob1999 (Loose Lips Sink Ships)
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To: Noob1999

In port towns, they have foot prints painted on the floor that help western sailors with their technique. Line you feet up on the prints, drop the pants and squat, don’t try to look, it throws the ballance off.


35 posted on 12/06/2010 1:08:04 PM PST by dangerdoc (see post #6)
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To: freespirited

IF this is true—and that’s a big “if”—I’m not that upset about the result. A woman had her hand broken by a piece of equipment at a restaraunt that holds itself out to the public. This isn’t that crazy of a suit.


36 posted on 12/06/2010 1:12:59 PM PST by Opinionated Blowhard
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To: freespirited

what the H... is one of our Texas Roadhouses doing up there anyway?


37 posted on 12/06/2010 1:13:35 PM PST by native texan (Texas seafood is great)
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To: freespirited

We are rapidly becoming a self-created handicapped nation.

“Our Country won’t go on forever, if we stay soft as we are now. There won’t be any AMERICA because some foreign soldier will invade us and take our women and breed a hardier race!” Chesty Puller


38 posted on 12/06/2010 1:16:43 PM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: dangerdoc

Obviously, women do not use the toe-tap signal like “men” do. They must use the hand-tap, and she got injured.


39 posted on 12/06/2010 1:18:51 PM PST by SgtHooper
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To: freespirited

That’s just Michigan being Michigan. The Employee is never wrong, the Employer is never right, and the Customer is just another victim who is entitled to damages. Lived there for several years, never saw a fired employee lose his unemployment check or a ridiculous customer claim not receive 110% full attention of the bureaucrats in Lansing.

Why anybody would ever want to do business in that state is beyond me. You are looked at simply as a money pot, there to shell out goodies to aggrieved victim groups and union employees.


40 posted on 12/06/2010 1:21:29 PM PST by Buckeye McFrog
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To: freespirited
Replace all the toilet paper dispensers with buckets of corncobs, that’ll fix’em!
41 posted on 12/06/2010 1:23:24 PM PST by SouthTexas (WE are the Wave)
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To: Opinionated Blowhard

See post #29.


42 posted on 12/06/2010 1:28:56 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Buckeye McFrog
or a ridiculous customer claim not receive 110% full attention of the bureaucrats in Lansing.

I had some fun with this proclivity a few years back. The 1st Mrs. L and I were heading to northern Michigan and happened to stop in Saugatuk looking for a room for the night. This was before I knew Saugatuks reputation as a haven for gays.

I walked into the office of this motel and asked for a room for the night for the wife and I. The clerk responded "This is a gay only hotel." and refused to rent us a room for the night.

When we got home I contacted the Michigan Department of Human Rights and filed a formal complaing alleging discrimination on the basis of sexual orientation. I went long and hard (no pun intended) on the 'emotional distress' angle.

I figured I'd never hear back so imagine my surprise when several months later I received a letter of apology and a $500.00 check from the motel in question.

I really enjoyed spending that money. I bought a nice used Smith and Wesson with it.

43 posted on 12/06/2010 1:30:47 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Paved Paradise
I’ve been through the MILL about it but sometimes, weird things can happen that people just can’t explain.

If I were you, I'd never leave home.

44 posted on 12/06/2010 1:35:47 PM PST by Last Dakotan (Hunting - the ultimate in organic grocery shopping.)
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To: freespirited

Just how heavy was the lid on this dispenser? I fail to see how something as light as that could break a bone and cause long term injury.


45 posted on 12/06/2010 1:39:31 PM PST by calex59
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To: Lurker

LOL!

That one is pure gold.

LMBO!


46 posted on 12/06/2010 1:39:34 PM PST by Califreak (November 2008 proved that Idiocracy isn't just a movie anymore)
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To: Never on my watch

I would be doing the Macarana if that were the case.


47 posted on 12/06/2010 1:41:58 PM PST by Delta Dawn (The whole truth.)
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To: Delta Dawn

ROFLOL!


48 posted on 12/06/2010 1:46:05 PM PST by Never on my watch (This is a revolution d@mmit, we're going to have to offend SOMEbody! (Adams character - 1776))
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To: Paved Paradise

Worked in a lumber yard during my college years. Through my own stupidity, ended up dropping a forklift tyne on my hand. Hurt like the dickens. I eventually made a full recovery.

I would seriously doubt that a hand dryer would amputate a foot.


49 posted on 12/06/2010 1:51:09 PM PST by Delta Dawn (The whole truth.)
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To: Delta Dawn
Sometimes, sh*t happens.

I'd have a hard time suing an establishment for an accident due to my own clumsiness.

Now, if there was willful negligence on their part - I dunoo....employees tossing bricks into random bathrooms stalls, or something, then I'd see a point to it. But suing for just a random accident - and especially the fact that she took a year to get around to it AND patronized the business in the meantime..... That just sounds to me like someone is looking to get paid.

50 posted on 12/06/2010 1:55:16 PM PST by wbill
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