The US's love of litigation is well known ....
.... but perhaps, even in the legal annals of Florida there has not been a more stupid case than this one.
A Mr Donald Johnson, went Shoney's restaurant at 4345, Lake Worth Road, Lake Worth, Florida with his wife and some friends in February 1995, and inquired about the soup of the day. He was informed it was potato soup, and its at this point that the accounts of events differ.
According to Mr Johnson, he went to the buffet, poured some soup in to a bowl .... its not reported as to what the rest of the party took from the buffet, but Mr Johnson took his food, and began eating it at his table. Apparently he ate a number of spoonfuls from the bowl, which he later admitted in court had potato chunks in it ("I was eating potato chunks. I saw them"), but since he said he had a cold, his taste buds weren't working, and he couldn't smell anything, so he didn't immediately recognise any issues with the soup.
However Mr Johnson said that shortly after he started eating, he first began feeling faint, then he had problems breathing. Within minutes, he said he went into shock from a massive allergic reaction and was rushed to the hospital, where he was treated for his reaction and released that night. He claimed that he had been mistakenly given, and eaten, a seafood chowder at Shoney's, and that soup must have been mislabelled. Mr. Johnson's lawyer said that Shoney's showed no indication that they cared, and the attitude has been, "You're a fat guy ... so we aren't going to give you anything.'"
Since this event, Mr Johnson has claimed that he had become "sensitised" to foods and suspicious in restaurants. "I go out of my way to make sure that the waitress will go back and talk to the cooks," he said. "I have to go through a real routine before I feel satisfied that everything is all right ... When I go by Shoney's, I look at the place and say, 'I could have died there.'"
He launched a legal case by filing a complaint in 1995, in the Palm Beach County Circuit Court .... the claim was for psychological and sleep disorders, and initially he was claiming just over $15,000 in damages. He stated that his seafood allergy is so strong, that when he once picked up a container of either shrimp salad or cocktail sauce at the grocery store, his right eye started to "break out." He attributed it to residue on the container.
Shoney's lawyer said that Mr Johnson had a history of medical and psychological problems, and that there was no evidence linking Johnson's respiratory attack to the potato soup. He also argues that Mr Johnson ate potato soup that night and that Shoney's employees could confirm it. In addition, the skin tests showed that Mr Johnson suffered only a mild allergic reaction to codfish, and had no reaction to crab, lobster, shrimp or tuna, but there is no specific skin test for clams.
Mr Johnson's lawyer conceded that when allergy skin tests were performed, they didn't indicate a strong reaction to any of the seafood samples, but he said scratches on the skin are different from actually ingesting the food, and that doctors had admitted that fact. The lawyer also said that even the grocery store episode illustrates the impact of the Shoney's soup. "He could be mistaken about it affecting him in the store, but the idea is that he thinks it, is an indication that he is still suffering from problems."
Shoney's had offered $1,000 in 1999 as a "nuisance settlement," then a figure of $1,500, both of which were rejected by Mr Johnson as they didn't even cover the court-related expenses. Shoney's decided after the offer refusals that it had no intentions of settling.
So roll forward to 2004, and Mr Johnson's life had altered a bit, with the anger management counsellor having served a prison term for sexual activity with a child under age 12, and his public listing as a sexual predator. However this didn't stop him pursuing his case against Shoney's. So the case, which had experienced a sporadic life, with legal filings and depositions heating up sometimes, and then cooling off, the damages being claimed by Mr Johnson had now risen to $55,356 .... was now being heard in court again.
But after the Florida jury listened to the evidence, claims and counter claims for four days, including an argument from Shoney's lawyer, that the anxiety and sleep disorders claimed by Mr Johnson could have resulted from his illegal activities and prison term, they decided that the claims were without merit.
They awarded Mr Johnson just $407 for medical bills, and the ruling also allows Shoney's to take Mr Johnson back to court to recover its legal fees ... so one very expensive and pointless legal action. Only the lawyers made a profit out of all of this ... as Shoney's lawyer said "it was a silly case."
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| A Shoney's In Florida |
.... but perhaps, even in the legal annals of Florida there has not been a more stupid case than this one.
A Mr Donald Johnson, went Shoney's restaurant at 4345, Lake Worth Road, Lake Worth, Florida with his wife and some friends in February 1995, and inquired about the soup of the day. He was informed it was potato soup, and its at this point that the accounts of events differ.
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| Shoney's Flyer |
According to Mr Johnson, he went to the buffet, poured some soup in to a bowl .... its not reported as to what the rest of the party took from the buffet, but Mr Johnson took his food, and began eating it at his table. Apparently he ate a number of spoonfuls from the bowl, which he later admitted in court had potato chunks in it ("I was eating potato chunks. I saw them"), but since he said he had a cold, his taste buds weren't working, and he couldn't smell anything, so he didn't immediately recognise any issues with the soup.
However Mr Johnson said that shortly after he started eating, he first began feeling faint, then he had problems breathing. Within minutes, he said he went into shock from a massive allergic reaction and was rushed to the hospital, where he was treated for his reaction and released that night. He claimed that he had been mistakenly given, and eaten, a seafood chowder at Shoney's, and that soup must have been mislabelled. Mr. Johnson's lawyer said that Shoney's showed no indication that they cared, and the attitude has been, "You're a fat guy ... so we aren't going to give you anything.'"
Since this event, Mr Johnson has claimed that he had become "sensitised" to foods and suspicious in restaurants. "I go out of my way to make sure that the waitress will go back and talk to the cooks," he said. "I have to go through a real routine before I feel satisfied that everything is all right ... When I go by Shoney's, I look at the place and say, 'I could have died there.'"
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| Mr Johnson's Lawyer Claimed Mr Johnson Is A Big Boy ..... |
He launched a legal case by filing a complaint in 1995, in the Palm Beach County Circuit Court .... the claim was for psychological and sleep disorders, and initially he was claiming just over $15,000 in damages. He stated that his seafood allergy is so strong, that when he once picked up a container of either shrimp salad or cocktail sauce at the grocery store, his right eye started to "break out." He attributed it to residue on the container.
Shoney's lawyer said that Mr Johnson had a history of medical and psychological problems, and that there was no evidence linking Johnson's respiratory attack to the potato soup. He also argues that Mr Johnson ate potato soup that night and that Shoney's employees could confirm it. In addition, the skin tests showed that Mr Johnson suffered only a mild allergic reaction to codfish, and had no reaction to crab, lobster, shrimp or tuna, but there is no specific skin test for clams.
Mr Johnson's lawyer conceded that when allergy skin tests were performed, they didn't indicate a strong reaction to any of the seafood samples, but he said scratches on the skin are different from actually ingesting the food, and that doctors had admitted that fact. The lawyer also said that even the grocery store episode illustrates the impact of the Shoney's soup. "He could be mistaken about it affecting him in the store, but the idea is that he thinks it, is an indication that he is still suffering from problems."
Shoney's had offered $1,000 in 1999 as a "nuisance settlement," then a figure of $1,500, both of which were rejected by Mr Johnson as they didn't even cover the court-related expenses. Shoney's decided after the offer refusals that it had no intentions of settling.
So roll forward to 2004, and Mr Johnson's life had altered a bit, with the anger management counsellor having served a prison term for sexual activity with a child under age 12, and his public listing as a sexual predator. However this didn't stop him pursuing his case against Shoney's. So the case, which had experienced a sporadic life, with legal filings and depositions heating up sometimes, and then cooling off, the damages being claimed by Mr Johnson had now risen to $55,356 .... was now being heard in court again.
But after the Florida jury listened to the evidence, claims and counter claims for four days, including an argument from Shoney's lawyer, that the anxiety and sleep disorders claimed by Mr Johnson could have resulted from his illegal activities and prison term, they decided that the claims were without merit.
They awarded Mr Johnson just $407 for medical bills, and the ruling also allows Shoney's to take Mr Johnson back to court to recover its legal fees ... so one very expensive and pointless legal action. Only the lawyers made a profit out of all of this ... as Shoney's lawyer said "it was a silly case."
Only lawyers never lose. Johnson's lawyers should have told him years ago but they ain't gonna lose out. They get their money no matter what.
ReplyDeleteAbsolutely true ... sorry I didn't respond straight away I have been busy setting up posts for the holiday period. Not an excuse of course but an apology. Thanks again for the comment.
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