Apr 19, 2014 fbook icon twitter icon rss icon

Negligence

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11Man Breaks 2 Teeth on Outback Steakhouse Mashed Potatoes Filled With Broken Glass

When Roger Branstetter bit into his mashed potatoes at an Outback Steakhouse, what he found himself chewing wasn’t the typically smooth, creamy texture of mashed potatoes.

Instead, it was allegedly a forkful of mashed potatoes sprinkled with broken glass.

Branstetter broke two of his teeth on the bits of porcelain that were mixed into the dish. Under his dentist’s advice, he had to have both molars removed and replaced with dental implants.

Fortunately, he did not ingest the glass. Had the glass punctured the esophagus, stomach, or intestines, the meal could have turned fatal.

Branstetter is now suing Evergreen Restaurant Group, which owns the Outback Steakhouse franchise, for the damages incurred on the February 17, 2012 visit.

In the lawsuit, filed last week, Branstetter stated that the steakhouse manager admitted that a dinner plate had broken in the kitchen. Furthermore, the manager knew that the broken glass fell into the mashed potatoes.

As the suit describes, the manager and staff were negligent in failing to throw out the tainted potatoes. The restaurant’s employees should have informed the customers of the broken plate, allowing them to “make their own informed decision regarding whether to eat food that might contain sharp, hard, dangerous, and potentially deadly pieces of a broken plate.”

Jason Bender, a managing partner of Evergreen Restaurant Group, said that the company has been open since 1997, and that never before has this kind of an incident occurred. He stated that the company “values safety”, and seeks to keep customers and employees alike safe.

“It’s really disappointing when someone gets hurt inside the restaurant,” said Bender.

Branstetter is seeking $48,000 in damages in Multnomah County Circuit Court.

Sources: http://www.inquisitr.com, http://www.kcci.com

Photo Source: http://www.sameerseats.com

 

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115-Year-Old Boy Left In Freezing Car Calls OnStar, Father Arrested

A 5-year-old boy called OnStar from inside his father’s chilly car on Wednesday, after being left alone for two hours while his dad went hunting.

Brandon Chamber’s son could no longer tolerate the cold when he activated the car’s OnStar system, a service that connects drivers to representatives in emergency situations, who then alerted local officials.

Deputies found the boy in the area of Flat Rock in Jackson County, Alabama just as Chamber returned from hunting, around 5:30 p.m.

The interior temperature of the car was 31 degrees, according to the car's thermometer and Lt. Rocky Harnen.

Chambers, 29, was arrested and released on $500 bond from Jackson County Jail. He was also charged with endangering a child.

The 5-year-old boy was released into the custody of his stepmother.

Sources: AL.com, WJHL

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11School Fails To Call 911 When Six-Year-Old, Amazing Johnson, Severs Finger

Amazing Johnson, 6, severed the top of her finger when it was accidentally caught in a door at school. Instead of calling 911, school officials only called her parents.

Latesha Coleman, Amazing's mother, received a call from Hughes Road Elementary administrators about her daughter's injury, but tells KRIV Fox 26 they downplayed just how severe the injury was. Coleman was told the "nurse was working with Amazing, that Amazing was fine...She's being loved on by the nurse."

Emergency medical help was not called, even as it became clear that Amazing was missing a piece of her finger.

In a prepared statement, Dickinson I.S.D. confirms Amazing lost the tip of her finger and that her parents were called to take her to the hospital. Had they not been able to reach Amazing's parents or if it were a life-threatening incident, 911 would have been called, Yahoo News reports.

Latesha Coleman arrived at the hospital where Amazing had been taken by her father to find him holding a bag, "and he had the tip of her pinky in the bag.”

Doctors were able to reattach Amazing's fingertip, but that does not dismiss the negligence Latesha Coleman feels the school displayed during the incident. She told KRIV Fox 26 that she spoke with the school's principal and asked, "Why didn't you call 911?" The response, "She didn't feel like it was an emergency." Coleman continues, "How is this not an emergency and her finger is in a bag...I'm thinking maybe a child has to be dead and that's the only way to call 911."

Other school districts in the area (Aldine ISD, Klein ISD, and Fort Bend ISD) reported to KRIV Fox 26 that 911 is called only at the discretion of the school nurse. If an event is believed to be a medical emergency 911 will be called, otherwise the child's parents are contacted.

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1192-Year Old Woman Locked in Bank Vault for 23 Hours

A 92-year old French woman was locked in a bank vault for a 23-hour stretch after bank employees forgot about her.

The woman, who was described as being in frail condition, went inside the vault to access her safety deposit box. Her son eventually reported her missing after he attempted to contact her and could not locate her whereabouts.

The incident occurred at BNP bank in Rennes, western France. The bank had closed for the weekend, leaving the woman, who was identified only as Germaine, in the locked space in complete darkness. She had no access to food or water.

Germaine’s son grew suspicious at 7:30 Sunday morning, and called the police to investigate. After going over the woman’s activities on the day of her disappearance, they determined that Germaine might still be at the bank.

Pascal Serrand, police commissioner of Rennes, said, “Her son said he remembered she was going to the shops, the cemetery and the bank on the morning she disappeared. She had no mobile phone to locate her, so we retraced her movements and concluded she must still be in the bank. A manager arrived and opened the vault and we found her inside. She was tired and thirsty but otherwise in good shape and very polite, and very pleased we had found her.”

While vault lock-ins remain a rare occurrence, similar incidents have occurred sporadically over recent years. In February, a man in Arlington, Texas was locked in a similar chamber for hours when a prank went wrong. After a locksmith failed to open the vault door, the fire department eventually showed up and broke through the 1-foot concrete wall.

In 2009, a 68-year-old woman in Cologne, Germany was also forced to spend the night in a bank vault after using the safe-deposit box.

Source: Daily Mail, The Telegraph, The Blaze

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11Man Charged with Negligence for Leaving 3-Year-Old Alone with Grenade and Rifles

Yesterday afternoon authorities were called to an apartment in Little Havana, Miami, to investigate reports that a three-year-old child was walking around alone. They entered to find the toddler completely alone, except for the assault rifles, the grenade, and the arsenal of ammunition, that is.

Her father, Luis Bianchi, 25, is being held on child neglect charges, with $5,000 bail. Bianchi turned himself in after seeing the report about his child on the evening news. Amazingly, Bianchi was gone so long, that authorities had taken custody of the child and local news stations were able to report on the abandoned child before Bianchi had even gone back home.

Several AR-15s and a grenade were left on the table. However, Bianchi argues that the child’s mother told him she was on her way back. The mother’s current whereabouts are not yet known. Moreover, Bianchi alleges that he locked the apartment and obstructed access to the room with the weapons. That being said, authorities say the apartment door was open and that the couch did not completely bar access to the room with the weapons.

The child, meanwhile, is celebrating her 4th birthday in police custody.

Sources: WSVN, Huffington Post,

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11Joshua Ceasar’s Lawsuit Involving Alleged Cannibal Alex Kinyua Will Move Forward

A lawsuit filed by a man who was attacked by a Morgan State University student who went on to kill and cannibalize another victim will be moving forward, after a motion to dismiss the suit was denied on Monday.

Joshua Ceasar is suing MSU for negligence after Alex Kinyua beat him with a baseball bat. Kinyua later killed and dismembered a man and reportedly ate his heart and part of his brain.

Judge Videtta A. Brown ruled that there was potential for "foreseeability" on the part of the school that "something bad was going to happen," said Steven D. Silverman, Ceasar's attorney.

"Obviously, you can't have foreseeability that there would be a murder involving cannibalism," he said. "But certainly when you look at the totality of the events, the totality of the actions and bizarre behaviors of Kinyua over the six months preceding the attack on Josh, there was foreseeability that something bad was going to happen."

He added: “We are suing the university for its negligence on failing to exercise ordinary care and extract Kinyua from the campus. We’re not suing Kinyua, so we’ve taken it a step further.”

Prior to the incident, Kinyua had wielded a machete on campus and left various satanic rants on social media sites.

"Mr. Kinyua's attack of Plaintiff Ceasar was not the first warning sign to Morgan State that Mr. Kinyua was violent, suffering from severe mental health issues and posed a threat," the lawsuit states. "Despite the warning signs, Morgan State failed to act to protect students and visitors on campus."

Ceasar is permanently injured from the attack, CBS Local reported.

“I’m blind in my left eye right now and the doctors aren’t optimistic that I’m going to get my vision back,” he said.

The lawsuit seeks $75,000 on each of three negligence counts.

Sources: CBS Local, The Baltimore Sun

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11Lavern Wilkinson Accepts $625,000 Settlement After Brooklyn Doctors Diagnose Lung Cancer As Asthma

Lavern Wilkinson found out in May that a lingering cough that doctors were treating for two years as if it were asthma was actually lung cancer. As a result, Wilkinson, 41, accepted a negligence settlement of $625,000.

It is believed that the Brooklyn mother could have received $10 million dollars or more if she had taken her doctors to court in another state. New York’s statute of limitations for filing suit against a city hospital expires a year and three months after the medical error occurs. After paying her lawyers, Wilkinson will keep about $425,000. The money will go into a trust for her severely disabled daughter.

Wilkinson’s daughter, Micalia, is autistic, retarded and  mute. The cost for taking care of someone with her severe disabilities can be as much as $150,000 a year. According to The Daily News, the girl is only 15 so the money will probably be gone before she turns 20.  

If Wilkinson succumbs to her cancer, Gloria O’Connor, her aunt, will take care of Micalia. O’Connor is a 61-year-old breast cancer survivor. She worries about what will happen to the teen if her mom passes away.

“What I worry about in the long run is that Micalia will just end up in the system — in a state facility when I am too old or can’t take care of her anymore,” O’Connor said. “I am scared to death she will be abused or not well taken care of the way she is now. I love Micalia, but my love is a grand auntie’s love, not the love of a mother. That cannot be replaced. I worry for that child.”

When Wilkinson initially went to the hospital, emergency room doctors ordered a chest X-ray and an EKG. Physicians at Kings County Hospital told her that the tests were normal and she was sent home with instructions to take Motrin. That was in February of 2010.

When Wilkinson went back to the ER in May, a doctor discovered that she had stage four lung cancer. The cancer had already spread to both of her lungs and other organs. Had it been diagnosed originally, treatment may have been possible.

Source: (The Daily News)

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