JIB in the News

[alfred russel]

Jack in the Box ordered to pay St. Louis beating victim $20 million
St. Louis County jury awards $10.8 million medical negligence verdict
Damages are awarded to the family of a woman treated by Mercy cardiologist.  Read more

ST. LOUIS • Ali Aziz and a friend rolled into a Jack in the Box three summers ago after a night out.

They found themselves in the middle of a raucous dance party on the parking lot. Then, a brawl broke out, leaving Aziz unconscious, disabled and with lasting brain damage. He was in a coma for more than a year.

Four people have gone to prison for the beating. But Aziz also believed the fast-food chain was to blame for failing to prevent the fight. He sued the company for negligence. Last week, a jury agreed with Aziz and awarded him more than $20 million.

Aziz, now 35, who still cannot walk or feed himself, was awarded the money after a eight-day civil trial.

"God answered my prayer," Aziz's mother, Annette Brown, said of the verdict.

The lawsuit claimed Jack in the Box failed to prevent the fight that broke out on June 20, 2010, trained its employees poorly and violated its own policies for dealing with disruptive customers. The jury award was actually for $25 million but was reduced to $20.5 million because jurors found Aziz was partially to blame for his involvement in the fight.

In an emailed statement, a Jack in the Box spokesman said the company might appeal the ruling.

"This tragic event could have been avoided had the plaintiff not provoked an altercation, and the evidence supporting that fact was overwhelming," the statement said. "We're shocked and disappointed by the verdict and do not believe it was even remotely supported by the evidence."

'GET SOMEBODY HERE NOW'

Aziz and a friend pulled into the restaurant at 1807 Gravois Avenue shortly after 5 a.m., police and court documents say. The restaurant's drive-through was open, but inside seating was closed. Several people were dancing and playing music on the lot when Aziz and his friend parked.

Aziz's friend — identified in court documents as Luther Jones — got out of the car and began talking to a woman in the group. Several minutes later, a fight erupted after a man waiting in the drive-through hopped out of his car and started arguing with Jones.

Court documents say Aziz stepped in and was knocked to the pavement and several in the group kicked and punched Aziz in the head while he was down. Aziz was bloodied and knocked out. One of the men went through Aziz's pockets and took about $30 cash.

"They're beating the crap out of this boy," said a witness to the fight on a 911 recording. "You need to get somebody here now."

Aziz's friend ran away and was not hurt.

Three men and a woman pleaded guilty to assault charges related to the fight and have been sent to prison. They are Earnest Carter, 22, sentenced to 12 years; Jasmine Jeffries, 22, sentenced to 15 years; Johnnie Lane, 33, sentenced to five years; and Rwoeshan Booker, 20, sentenced to 13 years. A fifth person was acquitted.

A LONG RECOVERY

Aziz was a kitchen manager at Pi Pizzeria in Kirkwood. Chris Sommers, Pi owner, said in an email that Aziz came to Pi with no restaurant experience and excelled during his year-and-a-half with the pizzeria.

"He was incredibly hard-working," Sommers said. "He quickly took to the restaurant business, and was a rising star within our organization. I don't believe we promoted anyone as quickly as we did Ali."

After the fight, doctors gave Aziz's mother the choice of taking him off life support. She refused.

"I told them, plain and simple, that God has the last word," she said. "And Ali is still here. He wants to live."

After about two months in the hospital, he lived for a time in a nursing home. When he came to live with his mother, a nursing assistant, he was still comatose. She quit her job to take care of him around the clock, bathing him, giving him medicine and feeding him through a tube at their modest home in south St. Louis, where his hospital bed is in the dining room.

To his mother's surprise, Aziz emerged from his coma last year. "It was a miracle," she said. "I just kept the faith."

Last year, after he regained consciousness, Aziz's condition improved, and he began answering yes-or-no questions by blinking his eyes.

"When he did that, it was such a joy," his mother said.

But the fight has left Aziz's legs and arms bent and locked against his torso. One of his hips remains dislocated. He still can't feed himself or use his arms well, but he can talk through a device in his throat.

Asked about the jury's award, Brown translated for her son: "I am happy. We have God on our side."

Aziz faces several surgeries to correct his contorted arms and legs before he'll ever try walking again, Brown said.

"I think he will," she said. "We just need to pray. That money there will go toward his operations. That would do great things for him to get him back on his feet again. God gave him a second chance in life."

http://www.stltoday.com/news/local/crime-and-courts/jack-in-the-box-ordered-to-pay-st-louis-beating/article_919a377e-f59c-526a-89b3-d0f4e2af7ffb.html

After reading this, can only wonder, "What would Jaron do?"

[Eddie Teach]

Jaron would have killed the guy outright, none of this coma nonsense.

[crazy canuck]

"I am happy. We have God on our side."

Unfortunately God was too busy to stop the fight before her son was injured.

[Eddie Teach]

"I am happy. We have God on our side."

Unfortunately God was too busy to stop the fight before her son was injured.

God doesn't care about Muslims.

[Ideologue]

After the fight, doctors gave Aziz's mother the choice of taking him off life support. She refused.

Wrong choice.  Obamacare will hopefully take care of this.

[garbon]

20 mil doesn't seem like good recompense for the type of life he'll now lead.  Also, they dropped 5 mil, because he was somewhat culpable?

[derspiess]

We got our first JIB around here not too long ago.  Never been to one.

[merithyn]

20 mil doesn't seem like good recompense for the type of life he'll now lead.  Also, they dropped 5 mil, because he was somewhat culpable?

I just wonder how JiB is really to blame to the tune of $20m. I mean, did no one in the store call 911 once the fight started? Did anyone inside refuse to care for the guy?

It sounds to me that the people responsible are in jail for it (minus his friend who ran away). I get that the guy needs to be taken care of, but I wonder at how JiB could have prevented the incident. I'm assuming the jury thought that they could, but I'm not seeing it on the outside.

[alfred russel]

20 mil doesn't seem like good recompense for the type of life he'll now lead.  Also, they dropped 5 mil, because he was somewhat culpable?

I just wonder how JiB is really to blame to the tune of $20m. I mean, did no one in the store call 911 once the fight started? Did anyone inside refuse to care for the guy?

It sounds to me that the people responsible are in jail for it (minus his friend who ran away). I get that the guy needs to be taken care of, but I wonder at how JiB could have prevented the incident. I'm assuming the jury thought that they could, but I'm not seeing it on the outside.

My assumption would be that the jury figured JiB can pay the bills while the guys in jail can not.

[garbon]

20 mil doesn't seem like good recompense for the type of life he'll now lead.  Also, they dropped 5 mil, because he was somewhat culpable?

I just wonder how JiB is really to blame to the tune of $20m. I mean, did no one in the store call 911 once the fight started? Did anyone inside refuse to care for the guy?

It sounds to me that the people responsible are in jail for it (minus his friend who ran away). I get that the guy needs to be taken care of, but I wonder at how JiB could have prevented the incident. I'm assuming the jury thought that they could, but I'm not seeing it on the outside.

Well the article says only this: The lawsuit claimed Jack in the Box failed to prevent the fight that broke out on June 20, 2010, trained its employees poorly and violated its own policies for dealing with disruptive customers.

I don't know what the details are on that.

[crazy canuck]

It sounds to me that the people responsible are in jail for it (minus his friend who ran away). I get that the guy needs to be taken care of, but I wonder at how JiB could have prevented the incident. I'm assuming the jury thought that they could, but I'm not seeing it on the outside.

The quest for deep pockets often results in odd outcomes.

[Darth Wagtaros]

Word.

[grumbler]

Also, they dropped 5 mil, because he was somewhat culpable?

You've never heard of shared liability?  Best you not comment on civil court cases, then.  The concept is used in these kinds of cases all the time (maybe even a majority of the time). 

[CountDeMoney]

You've never heard of shared liability?

Sorta like if Marty would be murdered by homophobes.

[The Minsky Moment]

20 mil doesn't seem like good recompense for the type of life he'll now lead.  Also, they dropped 5 mil, because he was somewhat culpable?

I just wonder how JiB is really to blame to the tune of $20m. I mean, did no one in the store call 911 once the fight started? Did anyone inside refuse to care for the guy?

It sounds to me that the people responsible are in jail for it (minus his friend who ran away). I get that the guy needs to be taken care of, but I wonder at how JiB could have prevented the incident. I'm assuming the jury thought that they could, but I'm not seeing it on the outside.

Without the benefit of the trial record, one would have to speculate.  However, if the parking area is on JiB owned or leased premises, and JiB failed to follow its own SOPs in say informing the police about disrurptive activites on the premises, then they could potentially be on the hook.