Hot dog leads to suit

December 4, 2009
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT
  • 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?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT