Cracker Barrel is being sued over shooting deaths

[CHLLady]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite" onclick="window.open(this.href);return false;

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

[Oldgringo]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Too many degreed ambulance chasers?

[jmra]

I don't see how a restaurant has a responsibility to protect a woman from her ex-husband. Absolute nonsense.

[EEllis]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Well the article says that the suit alleges that the staff wasn't trained to handle such circumstances and should of been. I guess if the staff never called police at the beginning of the situation and if they could/should of locked the door after the guy first left then there could be some liability. We really haven't heard enough of the story.

[carlson1]

...
This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.
...

100%

[ELB]

This piqued my interest, so I ran some searches.

With the huge caveat that newspaper articles don't provide the whole story or the correct story, I still don't see why the restaurant would have any responsibility in this case.

If one accepts the premise that there might be other people besides the dirtbag husband responsible for the shootings, then Cracker Barrel might have a case against her estate for dragging this problem into their restaurant.

The only published detail that I can see her brother (who is suing) can hang his lawsuit on is that after the wife told the husband she was leaving him, husband left the restaurant, drove around the building for awhile, then came back in with a shotgun and shot his wife and the two kids. So I suppose he thinks Crackerbarrel should have locked all the doors? I wonder what he would think if, to protect the other customers, they had kicked out the wife and then locked the doors?

The husband, apparently with a history of violence towards various wives and girlfriends, killed one of the daughters on her birthday. He's already a dirtbag, but this just doubles it.

The police took some heat for their response. Seems depending on who you ask, they took between two and five minutes to enter the restaurant after arriving on scene and before husband shot the wife and kids. The Chief says it was two minutes and the officers were moving bystanders out of the way. The dispatch records say it was five minutes, but Chief says they are wrong (I think this is plausible, but still doesn't look good). One report says the officers couldn't find the husband -- they saw his empty vehicle and were still looking around the parking lot when they heard shots in the restaurant. In any case, when seconds count...

The officers killed the husband when he exited the restaurant and refused to put down the shotgun.

For anyone else interested:

http://abcnews.go.com/US/wireStory/fami ... t-20542484" onclick="window.open(this.href);return false;

http://seattletimes.com/html/nationworl ... oting.html" onclick="window.open(this.href);return false;

http://seattletimes.com/html/nationworl ... oting.html" onclick="window.open(this.href);return false;

http://www.policeone.com/officer-shooti ... urant-OIS/" onclick="window.open(this.href);return false;

http://www.kltv.com/story/17453891/shoo ... ker-barrel" onclick="window.open(this.href);return false;

[jmra]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Well the article says that the suit alleges that the staff wasn't trained to handle such circumstances and should of been. I guess if the staff never called police at the beginning of the situation and if they could/should of locked the door after the guy first left then there could be some liability. We really haven't heard enough of the story.

I disagree. The woman knew the ex much better than any of the employees. If she felt there was a threat to her safety she should have called the police or asked an employee to call the police. I'm willing to bet that one of the 3 victims had a cell phone.

[rdcrags]

So I suppose he thi nks Crackerbarrel should have locked all the doors? I wonder what he would think if, to protect the other customers, they had kicked out the wife and then locked the doors?

Good thinking. Isn't that enough to have the case thrown out?

[CHLLady]

Thank you for all of the links ELB.

Apparently she did call 911 when he left and warned them that he may become violent. She went to a public place to do the break up, which was a smart thing to do, but this guy wasn't going to let her go no matter what. It's such a horrible thing to happen. I understand her family's grief, but I just can't see that Cracker Barrel had any responsibility in this.

[EEllis]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Well the article says that the suit alleges that the staff wasn't trained to handle such circumstances and should of been. I guess if the staff never called police at the beginning of the situation and if they could/should of locked the door after the guy first left then there could be some liability. We really haven't heard enough of the story.

I disagree. The woman knew the ex much better than any of the employees. If she felt there was a threat to her safety she should have called the police or asked an employee to call the police. I'm willing to bet that one of the 3 victims had a cell phone.

She was on with 911 when she was shot. So much for what she should of done. One of the 10 yo was shot in the front near her mother the other was chased into the bathroom where she was killed. Police were on site as they all were shot.

Sure it could be a joke lawsuit but it's a bit closed minded to write it off when we haven't heard what the basis of the lawsuit is. What steps were not take that they think should have been, etc.

[jmra]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Well the article says that the suit alleges that the staff wasn't trained to handle such circumstances and should of been. I guess if the staff never called police at the beginning of the situation and if they could/should of locked the door after the guy first left then there could be some liability. We really haven't heard enough of the story.

I disagree. The woman knew the ex much better than any of the employees. If she felt there was a threat to her safety she should have called the police or asked an employee to call the police. I'm willing to bet that one of the 3 victims had a cell phone.

She was on with 911 when she was shot. So much for what she should of done. One of the 10 yo was shot in the front near her mother the other was chased into the bathroom where she was killed. Police were on site as they all were shot.

Sure it could be a joke lawsuit but it's a bit closed minded to write it off when we haven't heard what the basis of the lawsuit is. What steps were not take that they think should have been, etc.

Don't need to know anything else. If the courts have stated that a police officer is not required to intervene or act to protect an individual then there is absolutely no way that a restaurant can be expected to. Absolutely no merit to the lawsuit. In fact if it were my decision, I would counter sue the estate for damages as she used my establishment to engage in what she knew would be a volatile confrontation which resulted in a financial loss on the part of my establishment, especially given the fact that she knew he had a long history of violence ("Police records dating back nearly 20 years painted a picture of Kevin Allen, married at least three times, as a violent man with a history of threatening wives and others").
This is nothing more than a jack leg attorney and a money grabbing relative trying to get $20k or $30K out of CB to avoid the expense of a trial.

[RogueUSMC]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Well the article says that the suit alleges that the staff wasn't trained to handle such circumstances and should of been. I guess if the staff never called police at the beginning of the situation and if they could/should of locked the door after the guy first left then there could be some liability. We really haven't heard enough of the story.

Closing and locking the doors during business hours is a code violation...damned if you do, damned if you don't I guess huh?

[texanjoker]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Businesses carry liability insurance and they want a cut.

[carlson1]

http://www.foxnews.com/us/2013/10/11/fa ... p=obinsite

I'm not sure about this case. How much can you expect a restaurant is responsible for keeping you safe against a gunman?

This is why I carry, I'm not leaving it to others to defend me and my family. I don't know all of the details of the case, but I do feel the family is reaching beyond the reasonable here, with what I know so far.

Your thoughts?

Businesses carry liability insurance and they want a cut.

I agree with every thing that jmra said above, but as texanjoker says here they have insurance and may times these insurances settle just so they do not have to go to court. I wished there would be someone somewhere that would stand up and say "no" and take it to the court.

[TxRVer]

Rediculous. She brings her killer to Cracker Barrel, and her brother thinks the restaurant is responsible for her death. I bet he voted for Obama.