Comments on: suing

By: wiley_300

wiley_300 — Sun, 29 May 2005 00:54:14 +0000

In a message dated 12/31/02 10:07:06 AM Pacific Standard Time,
natstheboss1@… writes:
And that’s (much of) the point, isn’t it? I don’t know anyone involved, of
course, and I don’t know all the details (other than what Natalie has posted)
but I have a feeling that if the restaurant had handled it differently,
Natalie wouldn’t have been left so angry that she is considering a lawsuit.
If the manager had asked to speak to her and explained that they had a change
in policy (and why?), or had stated they were discontinuing their policy of
honoring the card and would accept hers one last time, maybe the outcome
would have been different.
It really sounds like the bottom-line issue isn’t the few dollars’ difference
in meal prices, but the issue of being treated with respect. Disrespect is
not grounds for a lawsuit, but it can often make the difference in whether or
not someone decides to sue (as some studies on medical malpractice suits have
suggested).

I don’t know whether or not I would sue, or consider suing, under the
circumstances. Personally, I would probably start with a letter detailing
what had happened, what the manager did that seemed so outrageous, and
explain how the restaurant had lost several customers that evening, and at
least one permanently, and send it to the restaurant and the corporate
office. Maybe also send a copy to the surgeon with an explanation (in the
letter) that all WLS patients in the area should know how the restaurant
treats WLS patients. That’s a cheaper and quicker approach than suing (and
doesn’t necessary preclude suing–but work with your attorney on this).
But, as others have said, suing is a personal decision. How far the suit
goes is not a personal decision–the attorneys have a say in it and so,
particularly, does the judge. A truly frivolous, groundless lawsuit doesn’t
usually get very far (sensational headlines to the contrary).

By: ava_190

ava_190 — Sat, 28 May 2005 20:14:35 +0000

The decision to sue, like anything else, is personal. And, as an
attorney, I agree with most of the statements made here as valid
reasons not to sue, and probably would not sue myself (I get much
more upset about fat discrimination!). However, it is still a choice
and the decision should be up to the individual considering a
lawsuit. That said, just know that suing is VERY time-consuming,
energy-draining, and stressful to the parties involved. It can also
be very expensive - even if the client signs a contract where no fee
is charged unless the attorney settles the case favorably, there are
hidden costs to the plaintiff (time from work, time from family,
preoccupation with the lawsuit, as well as others).

By: leonora_18

leonora_18 — Sat, 28 May 2005 15:24:33 +0000

Angela~
Thank you so much you hit the nail on the head! For Country Buffet to honor
the card 2 weeks prior, plus many many times before and just stop honoring
the card is wrong. There was no sign posted that they no longer honor
weightloss/medical food restriction cards. The funny thing is when I called
their corporate office they were highly surprised that the Country Buffet was
not honoring the card. And for me to be talked to by Country Buffets manager
in the manner in which I was, like I am some weightloss FREAK, was something
that I WILL NOT tolerate. The people standing in line behind me were
appalled at how I was spoken to - not only did I walk out that night with my
family but 2 other families in line behind me did also.
I just expect to be treated the way anyone else should be treated -
overweight or not overweight!!
Natalie

only … the other side of that argument is that once they choose to give
anyone a discount (children or seniors or whomever) then they have shown a
preference to a group of people. To then refuse to extend the same benefits
to another group is prejudice. Whether or not it is a prejudice allowed by
law is something for a court to decide.<<