Everything Is Actionable
As I write in I See Rude People, I sometimes take risks to speak up to the rude. They're my risks -- I choose to take them.
The estate of a guy who chose to chase down a tip-jar thief at Starbucks -- and ended up dying in the process -- is blaming Starbucks...and hoping to do so all the way to the bank.
From Consumerist, Chris Morran writes:
In March 2008, a 54-year-old customer at a Missouri Starbucks noticed a teenager swipe the coffee shop's tip jar containing around five dollars. The man chased the pilferer into the parking lot, where a struggle ensued and the man was knocked to the ground when the thief backed his vehicle into him. He died two days later as a result of head injuries.The thief was latter arrested in St. Louis. He entered a guilty plea on charges of involuntary manslaughter and was sentenced to a year behind bars.
But the lawsuit alleges that Starbucks is ultimately at fault for allowing an unsecured tip jar to be placed on the counter.
From the Valerie Schremp Hahn story in the Post-Dispatch, the suit alleges about Starbucks, that they:
"...did not employ security to prevent the perpetration of such crimes" and that it "invited the act of perpetration of said crime" by having a tip jar.As a "direct and proximate" result of this, [the man] was killed after he was hit by the car, the filing claims.
It says Starbucks had a duty to "exercise reasonable care" to protect Kreutz or give him adequate warning against harm.
Companies and people should be expected to take reasonable care, yes, which I think means not having the floor soaking wet so people slip and fall. If you want to be protected against every possible eventuality, you need to stay home -- or stay in your seat and watch Starbucks be robbed. Me? I'll probably chase the robber. And if something happens to me in the process, it's out of my choice -- and shouldn't turn into yet another way to bleed a business in court.







It's things like this that make me want to drive all lawyers into the ocean.
Lobster at March 10, 2011 12:43 AM
What's the difference between a carp and a lawyer?
One's a scum sucking, bottom dredging parasite and the other one's a fish.
More here....
I'm surprised that this isn't a class action.
Jim P. at March 10, 2011 1:24 AM
Oh please. Anyone can file suit for anything. Doesn't mean it will go anywhere. Wake me if they win, which I doubt.
Ltw at March 10, 2011 3:46 AM
shouldn't turn into yet another way to bleed a business in court.
I get that the issue is frivolous lawsuits costing defendants money - but I doubt this will even get as far as a hearing. "Unspecified damages", lawyers not available for comment? It'll get thrown out very early I hope.
Ltw at March 10, 2011 3:51 AM
Someone is at fault here. The little bastard that robbed the shop and then ran him over.. Everyone else is a bystander..
JosephineMO7 at March 10, 2011 5:23 AM
Even if the case is thrown out on summary adjudication, the cost of getting the case to that point isn't cheap and more likely than not, the lawyers for Starbucks' insurance company will make an offer to settle the case, confidentially of course, even if they think they can get the case dismissed. So even if the family doesn't hit pay dirt, it will still cost anywhere from $20-$50k to get the case "thrown out." Now whether those legal fees are reasonable or not, is a debate for another day.
I feel awful that the guy died. But who told him to chase the bad guy for $5?! That was a choice he made all on his own and as tragic as it is, there are consequences for his actions. Just as there are consequences for the thief, who is now up on manslaughter charges.
sara at March 10, 2011 5:55 AM
Someone is at fault here. The little bastard that robbed the shop and then ran him over.. Everyone else is a bystander
Right?? And the little shit only got one year in jail?? That's some kind of justice, all right. /sarc
Flynne at March 10, 2011 5:57 AM
I was living in St. Louis when this happened. So sad. Right after it happened, the city got plastered with stills from the security footage in hopes someone would recognize the kids in the video.
Somewhat related: My sister also worked in a coffee shop in St. Louis, right by a light rail station. The tip jar got stolen a few times a week by kids who would run in, grab the tip jar in one fluid motion, run out, and time it all so they could run onto a waiting train and disappear.
Eventually, the owner DID decide to secure the tip jar by nailing it to the counter. And then all the workers watched in amusement when the kids would run in, grab the tip jar, and get tripped up by their own momentum when it didn't budge. A few, apparently, took spectacular tumbles. I'm sure it wouldn't take much time at all for a would-be thief to sue because he got hurt when trying to steal the tip jar.
sofar at March 10, 2011 7:04 AM
Some people look at life like a lottery.
Dave B at March 10, 2011 10:52 AM
"Some people look at life like a lottery."
All it takes is getting a little settlement, like say for Work Comp, and the light bulb goes off - man this is great! EZ money!" then they're always looking for causes of action. I ran more than one of these jerks out of my office. They're the worst clients.
carol at March 10, 2011 2:32 PM
"Some people look at life like a lottery."
. . . are you certain that it isn't?
I see the point being made, and agree, but I was struck by a truth revealed that can sometimes be elusive.
. . . oh - and Carol?
Thanks.
-Rm
railmeat at March 10, 2011 4:29 PM
The worst thing about this is the man who chased after the thief sounds like he was a decent guy who was trying to right an injustice. Somehow I don't imagine that he was the kind of person who would file such a lawsuit himself.
JonnyT at March 10, 2011 7:00 PM
JonnyT, I agree... but that guy's dead. One of his relatives obviously is that kind of person.
LTW writes: "I get that the issue is frivolous lawsuits costing defendants money - but I doubt this will even get as far as a hearing. "
Yeah but... Starbucks will still have to spend thousands of dollars in legal fees having to defend itself. The prospect of the lawsuit being thrown out on summary judgment (which I guarantee you won't happen) won't discourage the plaintiff's attorneys for a millisecond. I'll tell you what would: a summary award of damages to the defendant for frivolous prosecution, plus the plaintiff's representative spending 90 days as a guest of the state for gross contempt of court. That will never, ever, ever, ever, ever happen. Judges are lawyers first, and they will never levy that kind of punishment on one of their own tribe.
Cousin Dave at March 10, 2011 8:37 PM
" JonnyT, I agree... but that guy's dead. One of his relatives obviously is that kind of person."
@Cousin Dave, of course that's true. I just found it ironic since the people suing make it sound as if they're acting on his behalf. When I followed one of Amy's links, I was even more surprised to see his family members include the thief who stole the money to a memorial tree dedication for the victim. They believe the thief didn't intend for things to end up this way and chose to forgive him. Yet according to them Starbucks should have seen it all coming. The whole thing is simultaneously sad and strange to me.
JonnyT at March 10, 2011 10:03 PM
Yeah but... Starbucks will still have to spend thousands of dollars in legal fees having to defend itself.
Sad but true, Cousin Dave (and sara who made the same point). I'll concede that. Sometimes these things are just done for publicity then quietly dropped - but just as often it ends up costing someone a lot of money.
Ltw at March 11, 2011 9:06 AM
I'd like to catch the lawyer in a parking lot and run over his head.
We need to start picketing these ambulance chasers like the pro-lifers and the unions picket their opponents.
Comment Monster at March 11, 2011 2:23 PM
I'm always reluctant to come out against all of any profession as universally bad, including lawyers. I just think making blanket statements about anyone is too easy. If I ever get hauled into court for anything larger than a speeding ticket, those evil heartless lawyers are suddenly going to look pretty good to me.
And let's not forget that lawyers aren't filing these frivilous lawsuits by themselves. Someone had to hire them with the hopes of making a fast buck, or the lawsuits wouldn't exist. We're kind of an oppotunistic society.
JonnyT at March 11, 2011 4:49 PM
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