phillips & hunt verdict glowth vs outback
Glowth v. Outback– $1.75 Million Settlement (2014)
Renee Glowth was seated at an Outback Steakhouse in March of 2012, when a waitress lost balance of a tray, causing the tray and its contents to fall on her. As a business practice, discovery showed that Outback failed to recognize any proper carrying, controlling or handling of food trays in its company manuals. The contents weighed between 15-20 pounds. The general consensus was that the biomechanical cause was not only downward force of the contents, but that the client was somehow to blame. It was a very unusual and biomechanically challenging incident. Ms. Glowth went to the hospital immediately after. Cervical bulges and herniations resulted from the incident. She underwent a discectomy, and subsequently, disc replacement surgeries. Her pain increased after surgery, as did difficulty swallowing. A fusion was likely to be necessary in the future. She also had left shoulder pain, caused by rotator cuff and labrum tears and other issues. Her biceps tendon ruptured as a result of complications from surgery, necessitating another surgery. Pain continued. Medical bills totaled over $500k. The case settled before trial after an exhaustive effort telling her story. It’s one of the largest documented settlements of its kind.