Hot dog leads to suit

December 4, 2009
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A woman slipped in a Connersville Speedway gas station, so of course, she’s filed a lawsuit. The gas station should have known better than to leave a hot dog on the floor.

According to a lawsuit filed in Indianapolis this week in federal court, Mary Stenger believes Speedway “failed to warn of the dangerous condition created by the hot dog on the floor.” She visited the gas station in March with her husband and while walking in, slipped on the hot dog and fell.

The suit doesn’t say whether it was a jumbo frank or regular dog, or whether it was plain or had slippery condiments on it like mustard or relish. It also doesn’t say how old Mrs. Stenger is, so perhaps her fall did seriously injure her. Again, scant on details, but apparently she’s suffering from bodily disfigurement, and possible permanent physical and emotional injuries. Could her mental suffering be embarrassment because you have to tell people you slipped on a hot dog?

Businesses have a duty to protect their customers, thus things like the yellow “caution” signs are used when they mop the floor. If this had been a slick floor, I’d probably have more sympathy because it’s easy to not see water on the ground. But how can you miss spotting a hog dog on the ground, and when you step on it, how do you fall instead of just smooshing it? The suit doesn’t say that she was physically or visually impaired at the time of the accident.

Her husband is also a part of the suit because he’s lost the care, society, companionship, support, and service of his spouse.

And is it just me, or is it ironic that the firm representing Mrs. Stenger is Craig, Kelley & Faultless and her attorney is Scott Faultless? The suit says Speedway should have seen the hot dog and known someone would trip on it, and the gas station should have expected she wouldn’t realize there was a hot dog on the floor and wouldn’t protect herself against it.
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  • I know I am late on this comment, but I have to think you have not frequented some of the Speedway stations I have seen. Yes, it is possible for an able-bodied person to slip and be seriously injured. It is also possible that the hot dog was already smooshed leaving a large greasy area. Why assume that the defendant and attorney are exaggerating?

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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