Man Sues Red Lobster, Waitress For $1M After N-Word Receipt Mess


Locutus
#1
Last September, a customer at a Tennessee Red Lobster found himself at the center of a firestorm. He was accused of not leaving a tip for his waitress, and adding insult to injury by supposedly including a racial slur.



The waitress, Toni Christina Jenkins, went on to post an image of the receipt on Facebook and YouTube.

“This is what I got as a tip last night…so happy to live in the proud southern states…God Bless America, land of the free and home of the low class racists of Tennessee,” Jenkins wrote underneath the picture.

The encounter has now evolved into a $1 million lawsuit – but Jenkins isn’t the one who filed it. Instead, the customer, Devin Barnes, has filed a lawsuit against Jenkins and Red Lobster in which he claims that Jenkins slandered his name and misused his personal information.

He goes on to claim that his reputation has suffered lasting damage because of Red Lobster’s “willful and malicious…omissions to act” in failing to keep Jenkins from using his name and information.

- See more at: Man Sues Red Lobster, Waitress For $1M After N-Word Receipt Mess

good
 
Sal
#2
I support him in this. It was a travesty!
 
IdRatherBeSkiing
#3
I would feel more sorry for him if he wasn't a class A a-s-s-h-o-l-e and he didn't use the N word in the first place. Not sure how he plans to get $1 million from a waitress.
 
Sal
#4
Quote: Originally Posted by IdRatherBeSkiingView Post

I would feel more sorry for him if he wasn't a class A a-s-s-h-o-l-e and he didn't use the N word in the first place. Not sure how he plans to get $1 million from a waitress.

he didn't write it, the waitress did...
 
IdRatherBeSkiing
#5
Quote: Originally Posted by SalView Post

he didn't write it, the waitress did...

That is his allegation. I can't say that the person who wrote the N word did or did not write the none (which he has admitted to writing.

And I will ask again how he plans to get $1 million from a waitress.

Now he may be able to sue Red Lobster IF he can prove that credit card receipts are considered personal information. I don't even shred mine anymore as they don't contain enough info to be useful for a thief.
 
BornRuff
#6
Quote: Originally Posted by IdRatherBeSkiingView Post

That is his allegation. I can't say that the person who wrote the N word did or did not write the none (which he has admitted to writing.

And I will ask again how he plans to get $1 million from a waitress.

Now he may be able to sue Red Lobster IF he can prove that credit card receipts are considered personal information. I don't even shred mine anymore as they don't contain enough info to be useful for a thief.

By the same ticket, the claim that he wrote the word is just her allegation. Why are you more or less inclined to believe one of them?

As for the money, he is suing Red Lobster too, so that would be the source of much of the money.

His personal information was obviously used, since how else would people have been able to find out who he was and send him all those threats?

It may not be enough to steal his identity, but it seems like more than enough to potentially slander him.
 
Sal
#7
Quote: Originally Posted by IdRatherBeSkiingView Post

That is his allegation. I can't say that the person who wrote the N word did or did not write the none (which he has admitted to writing.

And I will ask again how he plans to get $1 million from a waitress.

Now he may be able to sue Red Lobster IF he can prove that credit card receipts are considered personal information. I don't even shred mine anymore as they don't contain enough info to be useful for a thief.

I think he has a really good case. Red Lobster failed to keep the bill safe and their employee used it for personal financial gain.

It has his name on the bill. She took a receipt owned by Red Lobster with a customer's name on it and posted it on social media accusing him of calling her a n*gger.

She collected over 10,000 in tips.

The public accusation of racism being published on social media is irresponsible in the very least.

he received hate mail and death threats.

that is serious
 
IdRatherBeSkiing
#8
Quote: Originally Posted by BornRuffView Post

By the same ticket, the claim that he wrote the word is just her allegation. Why are you more or less inclined to believe one of them?

As for the money, he is suing Red Lobster too, so that would be the source of much of the money.

His personal information was obviously used, since how else would people have been able to find out who he was and send him all those threats?

It may not be enough to steal his identity, but it seems like more than enough to potentially slander him.

Well, as he is the plaintiff, it would be his job to prove his allegations are true. I see it as 50/50.

His name was on the receipt. I doubt there was any additional personal information. Is your name considered personal information?

My guess is Red Lobster will settle out of court or at least that is what he is hoping for.

Quote: Originally Posted by SalView Post

I think he has a really good case. Red Lobster failed to keep the bill safe and their employee used it for personal financial gain.

It has his name on the bill. She took a receipt owned by Red Lobster with a customer's name on it and posted it on social media accusing him of calling her a n*gger.

She collected over 10,000 in tips.

The public accusation of racism being published on social media is irresponsible in the very least.

he received hate mail and death threats.

that is serious

If you believe his spin on the story. I am not convinced but really don't care one way or another. Some lawyers will get rich.
 
Sal
#9
Quote: Originally Posted by IdRatherBeSkiingView Post

Well, as he is the plaintiff, it would be his job to prove his allegations are true. I see it as 50/50.

His name was on the receipt. I doubt there was any additional personal information. Is your name considered personal information?

My guess is Red Lobster will settle out of court or at least that is what he is hoping for.



If you believe his spin on the story. I am not convinced but really don't care one way or another. Some lawyers will get rich.

I actually do believe him, yes

she is a kid, I don't think she "thought" out her actions and what the consequences of doing such would have on the customer...she just did it...that can't happen, it just can't

this is the third such incident of wait staff doing this... it has to be handled... that 10 grand is going to come in handy for her lawyer and that does need to happen because otherwise anyone in a restaurant can write anything on a bill that you have signed and place it on social media with no fear of consequence.

there has to be a consequence besides reward
 
IdRatherBeSkiing
+1
#10  Top Rated Post
Quote: Originally Posted by SalView Post

I actually do believe him, yes

she is a kid, I don't think she "thought" out her actions and what the consequences of doing such would have on the customer...she just did it...that can't happen, it just can't

this is the third such incident of wait staff doing this... it has to be handled... that 10 grand is going to come in handy for her lawyer and that does need to happen because otherwise anyone in a restaurant can write anything on a bill that you have signed and place it on social media with no fear of consequence.

there has to be a consequence besides reward

I saw the word none and the N word. I do not see them written dis-similarly. But like I said, I don't really care one way or another but I think he may have used the N word and may profit because of it.
 
BornRuff
#11
Quote: Originally Posted by IdRatherBeSkiingView Post

Well, as he is the plaintiff, it would be his job to prove his allegations are true. I see it as 50/50.

Well, she made the initial allegation that he did this. I don't know what the law is like down there, but it is possible that since she made these public allegations, she would be have to prove that it was in fact this guy who did it.

It is like when Rob Ford called Daniel Dale a pedophile. The onus was not on Dale to prove he isn't a pedophile. The onus was on Ford to substantiate his claims.

Quote: Originally Posted by IdRatherBeSkiingView Post

His name was on the receipt. I doubt there was any additional personal information. Is your name considered personal information?

It depends on how it is used. The info was used to accuse him of being a pretty bad person, and it was enough information to lead to him receiving death threats.
 
Sal
#12
Quote: Originally Posted by IdRatherBeSkiingView Post

I saw the word none and the N word. I do not see them written dis-similarly. But like I said, I don't really care one way or another but I think he may have used the N word and may profit because of it.

fair enough

I thought they had brought in a hand writing expert but that may have been in the last case.

that will happen here if it hasn't already and things maybe become more clear

I think the fact that he is moving forward with this means he is either innocent or stupid beyond belief...time will tell which
 
IdRatherBeSkiing
#13
Quote: Originally Posted by BornRuffView Post

Well, she made the initial allegation that he did this. I don't know what the law is like down there, but it is possible that since she made these public allegations, she would be have to prove that it was in fact this guy who did it.

It is like when Rob Ford called Daniel Dale a pedophile. The onus was not on Dale to prove he isn't a pedophile. The onus was on Ford to substantiate his claims.

It usually is the plaintiff which has to prove the allegations. She is not suing him, but he is suing her so I think he would have to prove her claim was false or that his assertion was true.

Not remembering exactly how the Ford thing went down, I remembered it as: Ford made accusation, Dale threatened counter suit, Ford retracted. Had Dale gone to court, he would have had to show he was not a pedophile and he would have done this rather easily I would think by lack of any criminal record or registry. After that, Ford would have then had to prove he had other information to prove his case. Now that is my understanding after having watched about 10 hours of Perry Mason. I am not a lawyer nor do I play one on TV. I didn't even stay at a Holiday Inn last night.

Quote: Originally Posted by SalView Post

fair enough

I thought they had brought in a hand writing expert but that may have been in the last case.

that will happen here if it hasn't already and things maybe become more clear

I think the fact that he is moving forward with this means he is either innocent or stupid beyond belief...time will tell which

I think experts are a dime a dozen in some cases. If she was so inclined, and had the resources, I am sure she could find an expert with a dissenting opinion.

My feeling is this would never go to court unless there is some lawyer want to be who wants to make a name for him/herself and take up her defense for free. Red Lobster will give it to their rent-a-lawyers on retainer and will probably settle out of court. They may even settle on her behalf if they figure more court action will make them look bad in the press.

The outcome of court cases rarely indicates that justice is ever served.
 
Sal
#14
Quote: Originally Posted by IdRatherBeSkiingView Post

It usually is the plaintiff which has to prove the allegations. She is not suing him, but he is suing her so I think he would have to prove her claim was false or that his assertion was true.
Not remembering exactly how the Ford thing went down, I remembered it as: Ford made accusation, Dale threatened counter suit, Ford retracted. Had Dale gone to court, he would have had to show he was not a pedophile and he would have done this rather easily I would think by lack of any criminal record or registry. After that, Ford would have then had to prove he had other information to prove his case. Now that is my understanding after having watched about 10 hours of Perry Mason. I am not a lawyer nor do I play one on TV. I didn't even stay at a Holiday Inn last night.
I think experts are a dime a dozen in some cases. If she was so inclined, and had the resources, I am sure she could find an expert with a dissenting opinion.
My feeling is this would never go to court unless there is some lawyer want to be who wants to make a name for him/herself and take up her defense for free. Red Lobster will give it to their rent-a-lawyers on retainer and will probably settle out of court. They may even settle on her behalf if they figure more court action will make them look bad in the press.

Quote has been trimmed, See full post: View Post
agreed
 
BornRuff
#15
Quote: Originally Posted by IdRatherBeSkiingView Post

It usually is the plaintiff which has to prove the allegations. She is not suing him, but he is suing her so I think he would have to prove her claim was false or that his assertion was true.

Not remembering exactly how the Ford thing went down, I remembered it as: Ford made accusation, Dale threatened counter suit, Ford retracted. Had Dale gone to court, he would have had to show he was not a pedophile and he would have done this rather easily I would think by lack of any criminal record or registry. After that, Ford would have then had to prove he had other information to prove his case. Now that is my understanding after having watched about 10 hours of Perry Mason. I am not a lawyer nor do I play one on TV. I didn't even stay at a Holiday Inn last night.

How exactly does one prove they are not a pedophile? How does anyone prove a negative? Even in your example, you say that Ford would have to have substantiated his claim.

She is not suing him, but she made the allegation publicly. There are many laws in place in many jurisdictions that would expose people to legal action if they make harmful allegations in public that cannot be substantiated.
 

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