American Seafood Restaurant Settles Employment Discrimination Lawsuit Raised by Deaf Cook

The Oregon-based seafood restaurant, McCormick and Schmick’s, reportedly agreed to settle an employment discrimination lawsuit filed against it by a deaf employee.

According to the Equal Employment Opportunity Commission’s (EEOC) recent press release, McCormick and Schmick’s Seafood Restaurant, Inc. has agreed to pay $47,814.00 aside from other reliefs to settle a disability discrimination and retaliation lawsuit filed against the restaurant chain.

The said lawsuit, which was filed by the EEOC on behalf of the restaurant’s former cook, Vernon Davis, claimed that McCormick and Schmick’s former management official repeatedly harassed Davis due to his disability.

Davis had been deaf since birth. He uses American Sign Language and reads lips of people to communicate. Nevertheless, despite his condition, he was able to obtain culinary training and had worked in several other restaurants before being hired at McCormick and Schmick’s as prep cook.

The lawsuit claimed that the restaurant’s former management official often called Davis with “Vermin” instead of his real name “Vernon” and often mocked him and threatened with physical conduct. Eventually, after Davis and his other co-workers complained about the employment misconduct, he was demoted from being a prep cook and was transferred to a dishwasher position.

Davis accepted his fate but the harassment did not stop there. He was still subjected to disability discrimination until he once again complained to the management. Subsequently, he was demoted to a janitorial position and had his working hours cut in retaliation for his repeated complaints, according to the EEOC.

The lawsuit further claimed that Davis was fired four months after due to his disability and in further retaliation for his complaints.

Apparently, the restaurant clearly violated the Americans with Disabilities Act of 1990 (ADA), which prohibits employers from unlawfully terminating an employee or taking adverse actions because an employee complained about improper employment practices.

As always, a California Employment Discrimination lawyer once again reminded employers that part of their obligation is to promptly respond and conduct necessary action whenever an employee complained about any employment misconduct occurring in the workplace.

Safety Measures to Avoid Slip-and-fall Accidents during Winter Months

Snow and ice during winter months significantly increase the risk of slip-and-falls in both indoor and outdoor trips.

As it is, there are certain daily activities that cannot be avoided, such as walking to and from school, parking lots, and between buildings. These activities expectedly pose constant risks to everyone who travels by foot in outdoor areas.

As it is, no matter how carefully snow and ice are removed from school roadways and sidewalks, the chances of getting into a slip-and-fall accident are always high. This is because the said outdoor surfaces are constantly slippery during winter.

Consequently, now that winter season is in, a Los Angeles slip-and-fall lawyer has provided these helpful tips on preventing slip-and-fall incidents:

•    Plan your itinerary before you step out of your door
•    Devote enough time in case of route changes
•    Wear shoes that provide excellent traction on snow and ice
•    Be careful when entering and exiting vehicles
•    Walk on designated pathways only as much as possible
•    Look ahead when you walk and watch your step at all times

Meanwhile, below are some safety precautions to reduce your chances of being severely injured from a slip-and-fall accident:

•    Use floor mats and door mats to dry the soles of your shoes
•    Designate an umbrella rack right at your doorstep
•    Avoid walking on inclines and slippery walking surfaces if possible
•    Be aware of any foreign object and potential fall hazard on the walking surface
•    Avoid high heeled shoes and stilettos
•    Report slip, trip, and fall hazards
•    Use handrails if available

Incidentally, each year, there are more than 10 million reported cases of slip-and-fall injury. A big percentage of which leads to dreadful results. Nevertheless, the alarming statistics could have been avoided if people are more aware of the above said tips and safety precautions. 

Limp Bizkit Star Sued Over California Car Accident

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Ryan Pierse/Getty Images AsiaPac

Following the split rumors, the American nu metal band, Limp Bizkit is facing another controversy again after one of its members was sued by a female driver over a 2011 California car accident.

In recent reports, the band’s star, Dj Lethal is being sued by a female driver, who was identified as Suraj Kayastha, who claimed that the musician rear-ended her vehicle in a crash on a Los Angeles freeway last year.

According to the lawsuit, Kayastha claimed that she suffered physical injuries and incurred damage to her car following the incident. Also, she further claimed that the incident had likewise caused her lost wages.

Kayastha is seeking for unspecified damages in her lawsuit which was filed before the office of the Los Angeles County Superior Court last November 5.

Meanwhile, in a statement released by Dj Lethal with regards to the lawsuit, he claimed that it was a simple fender bender and that no one got hurt. In fact, cops responded to the scene thereafter but no one complained of injuries. Therefore, he was surprised about the lawsuit.

Dj Lethal with real name Leor Dimant is among the five members of the band, Limp Bizkit, which have been nominated for and won several awards in the previous years.

Last August, the band’s vocalist, Fred Durst’s misleading statement created speculations that the band is about to part ways. Nevertheless, he and his team were able to dismiss the issue and cleared up the false rumors. The band members also affirmed that they are all good and is not calling it quits.

Meanwhile, on several related notes discussing car accidents, some personal injury lawyers stressed out that in such incidents, one is possibly to suffer from injuries or even death. Consequently, in serious cases of car accidents, victims who survive usually find it difficult to cope with the tragic change in their conditions.

Lindsay Lohan Finally Indicted for Previous Car Crashes

Photo gives credit to LA Times.

Finally, after several months of being puzzled whether the ‘Liz and Dick’ actress would be penalized for her previous vehicle mishaps, the State of California finally ruled on Thursday that Lindsay Lohan would be charged with three crimes.

As reported, Lohan was charged with three criminal offenses as a result of her car accident last June and her alleged hit-and-run incident in a Manhattan hotel last September.

So far, no other details are yet released aside from the confirmation from Sgt. Richard Lewis of Santa Monica police that Lohan was criminally charged last Thursday morning. Nevertheless, the California court official did not confirm the charges.

Allegedly, Lohan’s charges came to light on the same day when she was arrested by the New York City police for hitting a woman in a nightclub.

Apparently, Lohan has never been careful with her acts despite her current probation. Aside from the said misconducts, Lohan was also involved in a domestic brawl in her childhood home in Long Island last October.

As a result of her carelessness, Lohan’s existing probation in California for a necklace theft could be jeopardized by her recent criminal charges.

It can be remembered that early this year, Lohan was greeted with a car accident claim brought by a paparazzo and since then, her series of misfortunes started piling up. Now, the end of the year is fast approaching and it seems that Lohan will also end her fiscal year with her legal woes due to her recklessness and misconduct.

Meanwhile, in such cases of car accidents and hit-and-run, a Los Angeles accident attorney explained that aside from the economic and non-economic damages, a court may also slap punitive damages against the offender. The same law also applies in cases of chronic DUI offenders, he added.

Linkin Park Fan Dies outside Concert after Scaffolding Collapsed

A fan of the California band, Linkin Park, reportedly died after scaffolding collapsed outside its concert in Cape Town in Africa last November 7.

According to news reports, the temporary scaffolding that was erected to hold a billboard for one of the concert’s sponsors outside the Green Point Podium in Cape Town, South Africa collapsed due to high winds.

Subsequently, the scaffolding fell on a group of concertgoers and left a woman dead and 10 other people injured.

The incident happened just before the show started, but the band was only informed about it after the concert.

Nevertheless, in its official webpage, the band members expressed their sympathy for the family of the decedent, as well as their concerns for those who were injured. Also, they made it clear in their blog that the band has no relationship with the sponsor who owns the collapsed scaffolding.

According to a spokeswoman for the city of Cape Town, the 19 people who were injured remained hospitalized. Meanwhile, authorities are currently investigating the accident.

Incidentally, further reports claimed that the collapsed scaffolding and billboard was for Lucozade, which was owned by GlaxoSmithKline. The latter likewise expressed its condolences and sympathy to the victims. However, it was not specified whether it holds itself liable for the incident.

Apparently, the American rock band, which was formed 16 years ago, was having a concert tour in South Africa when the incident occurred. Next week, the band is scheduled to return to the U.S. to play at the American Music Awards.

Meanwhile, a Los Angeles wrongful death lawyer here noted that this case is likely to fall under premise liability claim since according to its definition, in cases of injuries caused by accidents on other people’s property, the owner can be held liable.

Silver Dollar Speedway Champion Dies following Major Race Accident

Photo gives credit to Steven Cox of Silver Dollar Speedway.

Over the weekend, a Silver Dollar Speedway Champion had died after a major vehicle accident that occurred during a hotly contested race.

Accordingly, 20-year-old Tyler Wolf was making his first career start at Calistoga, the largest sprint car track in California.

Incidentally, the said race track stretches a half mile oval dirt path and at any point in the track, cars can reach their highest speeds.

Unfortunately, as Wolf was on his 3rd of the 30-lap event last Saturday, his car went off the track at a wild speed and rammed into the K-rail, the white halls on the outside of most race tracks. Subsequently, the car flipped before it came to a stop.

The paramedics who immediately responded at the scene claimed that Wolf was unconscious but alive when he was transported to St. Helena Hospital where he was later pronounced dead. He died of head traumas, according to the attending physicians who examined him.

Incidentally, Wolf was the second driver sprint car driver from Silver Dollar Speedway to be killed this year. Last June, David Tarter, 30, died from accident in the pits at the Chico race track after a tire and rim he was working on exploded.

As it is, you can never really predict an accident, particularly such vehicle accidents. It always comes unexpected and worse is that it is almost always fatal, if not devastating. Although the law allows victims or their families to recover damages for the injuries and damages, nothing could still replace a life of a lost loved one, a Los Angeles auto accident attorney said sympathetically.

California Disneyland Worker Critically Injured after Ride Accident

A California Disneyland worker remains hospitalized and is reportedly listed in critical condition following a ride accident in the theme park’s premises.

According to reports, the 68-year-old machinist identified as Christopher Monday of Lakewood, was accidentally struck by one of the vehicles of a Space Mountain roller coaster of the theme park while he was working on a rehabilitated vehicle last October 3. 

Space Mountain roller coaster is an indoor attraction at Disneyland in Anaheim, California. The ride can reach a maximum speed of 30 miles per hour.

The man sustained back, chest, and head injuries from the incident, according to California Occupational Safety and Health (Cal/OSHA) official, Erika Monterroza.

Meanwhile, Cal/OSHA investigators are currently trying to figure out what exactly happened. However, an average time span of most investigations takes three to four months, Monterroza added.

On the other hand, in a recent statement released by Disneyland’s spokesperson, Suzi Brown, she said that the machinist remains hospitalized at the UC Irvine Medical Center in Orange up until present. However, Brown did not specify the victim’s condition for some reasons.

Moreover, Brown said that their thoughts and prayers are with the machinist and his family. Also, Brown and Monday’s fellow workers offered their heartfelt prayers for his full and fast recovery.

Under the existing federal law, an individual who suffered injury caused by an accident while inside other people’s premises is entitled to file for a premise liability claim.

However, although the said theme park may be held liable if proven guilty of negligence, both parties should have to wait for the final result of the ongoing investigation before any one can be declared as liable, explained by a Los Angeles personal injury attorney.