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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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