VOL. 110 | NO. 62 | Thursday, March 28, 1996
Ritta Owens, Lesia G. Johnson, Cheryl L. Mitchell, Clara M. Sharp, William A. Smith and Jobe L. Taylor vs. the University Club of Memphis. Several former and current employees of the University Club of Memphis have filed a class action suit against the private club in Circuit Court. The plaintiffs work or worked in food and beverage service at the clubs dining room or at private parties. Their compensation is derived from a base hourly wage plus tips. According to the suit, the club collected an automatic percentage or specific dollar amount from members for meals and banquets which was designated as a tip or gratuity. The plaintiffs allege the club paid an arbitrary percentage of the tip to the employees who worked the banquets. They allege the portion of the gratuity distributed to employees was determined at the sole discretion of the club and that the remainder of the tip money was kept by the club and put into its general operating fund. The plaintiffs are suing for compensatory damages in an amount to be determined at trial and punitive damages of $1.6 million. The attorneys for the plaintiffs are Bruce S. Kramer and Melissa R. Magee.
Jay Baker and Susan Baker vs. Equipment Engineering Co. A local engineering company is being sued by a Memphis couple in Circuit Court. According to the suit, Jay Baker was employed as a warehouse worker for Frito-Lay Inc. when the defendant provided a Raymond forklift to the company. The plaintiffs allege that the forklift was defective and/or unsafe for use and that on Dec. 9, 1992, it "failed to function properly and pinned the plaintiff against a metal rail, causing serious and permanent injuries." Jay Baker is seeking $2 million in actual and compensatory damages and Susan Baker is suing the company for $500,000 for actual and compensatory damages. James L. Kirby is the attorney for the plaintiffs.
Pamela D. Gantt vs. Kmart Corp. A Senatobia, Miss., woman is suing Kmart Corp. for $150,000 in Circuit Court. The plaintiff alleges that on July 24 she was leaving the Kmart store at 2700 Getwell Road when she was struck and knocked to the floor by security personnel who were chasing another person, thought to be a shoplifter, through the store. According to the suit, the plaintiff suffered injuries to her lower back, abdomen, neck and kidneys; incurred expenses for medical care; and has lost wages. The attorney for the plaintiff is J. Cecil McWhirter.