Let’s pretend you’re eating at a Denny’s at 2am, quietly enjoying a Grand Slam breakfast with one of your buddies when a couple of rowdy looking guys walk in. The two guys look drunk, act belligerent, and get into a fight. One of them then leaves the restaurant, goes to his car, and comes back with a pistol. He starts shooting people in the restaurant. Two bullets end up hitting you in the back, leaving you quadriplegic. Who should be responsible for you being paralyzed for the rest of your life?
According to a Seattle jury for the case, Denny’s is responsible to the tune of $46.3 million. This is the highest amount ever awarded in Washington state for a personal injury case reports the Kent Reporter.
Steve Tolenoa, a 31 year old Kent resident, was the man shot and paralyzed. Frank Evans was the shooter. Several other people were injured in the incident, but none as severe at Tolenoa and their awards were each less than $100,000.
Tolenoa’s attorney, Ron Perey, stated that Denny’s had a dangerous environment that they were well aware of and that they could have prevented the incident from occurring. Perey’s brief stated, “If off-duty Kent Police officers, or private security were hired; or if the restaurant was closed during the bar rush; or even a strong, well-trained manager/authority figure manager was on duty, Evans would never been allowed into the restaurant-seating areas, would have been deterred from engaging in the fight, and would have been deterred from returning to the restaurant with a gun and from shooting the gun.”
Denny’s stated that they were not responsible for the incident in a statement, “We continue to believe that this tragedy was the result of a random act of violence that could not have been foreseen or prevented by the Company or its local restaurant personnel.”
Tolenoa and his attorney agreed to a $13 million settlement the day before the verdict was announced. Denny’s agreed to guarantee at least $5 million regardless of the verdict and also agreed to not appeal the case as part of the settlement. So Tolenoa will receive $13 million (minus attorney fees) instead of the $46.3 million that the jury awarded.
The whole incident is a terrible tragedy and I feel really sorry for Steve Tolenoa. His life is forever altered and he will probably always have to have assistance and special care. But is Denny’s the party that is most responsible for this crime? What about the shooter Frank Evans? Or I hate to say it, Tolenoa himself? Is going into a Denny’s at 2am something you would think is totally risk-free?
I think it’s clear that Tolenoa and Perey sued Denny’s because Denny’s is a national chain with lots of money. Tolenoa didn’t file a lawsuit against the shooter, Evans. But the message sent from the jury is clear…Denny’s is entirely responsible for this tragedy and should be held liable for $46.3 million.
Where does it end? If someone robs me at an ATM, is the bank responsible? If someone punches me at a Seahawks game is the stadium responsible? If someone pushes me at a teriyaki restaurant and I fall is the restaurant responsible? If someone steals my car is the gas station responsible for selling me gas which allowed a thief to drive off in my car? If I spill hot coffee on myself in a McDonalds drive thru is McDonalds responsible?
The message from the jury and personal injury lawyer Ron Perey is clear. Businesses beware. If any crime or accident happens on your premises, we will hold you entirely responsible and will sue you for millions of dollars…and will probably win.
