jnelsoninjax Posted December 8, 2016 Share Posted December 8, 2016 ORLANDO, Fla. - The widow of a 69-year-old man has sued an Orlando Walgreens store, accusing them of holding her husband captive until he cleaned and mopped the store’s bathroom. Maria Elizarraras claims that the humiliation of the experience caused emotional distress so severe that it killed her husband, Fernando Elizarraras. The lawsuit was originally filed in state court but was moved to federal court Monday, according to court documents. According to the suit, Fernando Elizarraras went to the Walgreens on Landstar Boulevard, where he had been a long-term customer, on Oct. 15, 2012. After using the bathroom at the store, store employees stopped Fernando as he tried to leave and physically escorted him back to the bathroom, the lawsuit alleges. The employees insisted the 69-year-old man clean the facility because, “You left a mess, (expletive) all over the bathroom,” the suit says. For 20 minutes, Fernando was threatened and forced to clean and mop the bathroom before he was allowed to leave the store, his wife claims in the suit. The incident caused Fernando to be “humiliated, disgraced and injured in his feelings, emotionally and mentally,” the lawsuit says. The emotional distress caused by the situation was so severe that it “resulted in the death of Fernando,” the suit says. “In all my years in the court system, this is new to me, never seen it,” said WFTV legal analyst Belvin Perry. Perry said the claim for false imprisonment is a compelling one, but proving it led to the man’s death, which the lawsuit alleges, could be a stretch. Those claims could be thrown out before trial. “We need to know how cleaning a bathroom led to a death,” Perry said. “It’s just an allegation with no specificity.” The claims may be thrown out before trial. The lawsuit does not say how much time passed between the incident and Fernando’s death. “The longer the gap between the incident and the death, the more difficult it is to connect the two,” said Perry. On behalf of her husband’s estate, Maria Elizarraras was suing the company for an undetermined amount, but according to court documents has a standing offer to settle for $500,000. The attorney representing the man’s family would not comment and would not say how the man died or how. Walgreens would not provide its policy on the public’s use of store restrooms and would not say if there is a police because of ongoing litigation. Source Link to comment Share on other sites More sharing options...
jnelsoninjax Posted December 8, 2016 Author Share Posted December 8, 2016 9 minutes ago, adrynalyne said: How about let the full story come out before casting judgment? Exactly, from the article 19 minutes ago, jnelsoninjax said: The lawsuit does not say how much time passed between the incident and Fernando’s death. “The longer the gap between the incident and the death, the more difficult it is to connect the two,” said Perry. The incident (bathroom cleaning) could and probably is unrelated to his death and the poor widow is looking for a payday. But I could be completely wrong also (would not be the first time, ask my wife!) adrynalyne 1 Share Link to comment Share on other sites More sharing options...
Pishaw Posted December 8, 2016 Share Posted December 8, 2016 52 minutes ago, jnelsoninjax said: On behalf of her husband’s estate, Maria Elizarraras was suing the company for an undetermined amount, but according to court documents has a standing offer to settle for $500,000. Standing offer to settle? Like eBay? I didn't know civil term was like that. Link to comment Share on other sites More sharing options...
jnelsoninjax Posted December 8, 2016 Author Share Posted December 8, 2016 Just now, Pishaw said: Standing offer to settle? Like eBay? I didn't know civil term was like that. I think that the company offers a settlement to keep it from going to the courts, 500k must be the insurance limit that Walgreen's has for litigation stuff. DocM 1 Share Link to comment Share on other sites More sharing options...
Skiver Veteran Posted December 8, 2016 Veteran Share Posted December 8, 2016 Thread Cleaned Link to comment Share on other sites More sharing options...
restroom Posted December 8, 2016 Share Posted December 8, 2016 Way to many unknowns to be able to pass a productive comment on this. If the guy had a known condition that caused his death BECAUSE of the stress the employees put on him, then the store has an element of guilt, but not complete. If they made him use cleaning products that he was allergic to and that caused the death, then they are totally responsible, but, if he walked away and 1 year later died, then I cant really see how they could be responsible. I mean if he dies from anxious stress bought on by the event, then by all means that sad, but the store couldn't be blamed directly. Until more details generally are released on the time and cause of death and the exact events that took place in the store and their part in his death, there is not much anyone can say. Link to comment Share on other sites More sharing options...
xendrome Posted December 8, 2016 Share Posted December 8, 2016 6 hours ago, Skiver said: Thread Cleaned Much like the restroom DConnell, Hum, T3X4S and 2 others 5 Share Link to comment Share on other sites More sharing options...
Skiver Veteran Posted December 8, 2016 Veteran Share Posted December 8, 2016 Just now, xendrome said: Much like the restroom Too soon? T3X4S, MikeChipshop and DrunknMunky 3 Share Link to comment Share on other sites More sharing options...
FloatingFatMan Posted December 8, 2016 Share Posted December 8, 2016 I suffered deep emotional distress from reading about this poor mans fate and actually died, twice! I demand fifty bazillion quatloos in compensation! And a diet coke! T3X4S and MikeChipshop 2 Share Link to comment Share on other sites More sharing options...
TAZMINATOR Posted December 8, 2016 Share Posted December 8, 2016 1 minute ago, xendrome said: Much like the restroom And he missed the spot. [pointing where he missed it] T3X4S 1 Share Link to comment Share on other sites More sharing options...
Nick H. Supervisor Posted December 8, 2016 Supervisor Share Posted December 8, 2016 13 hours ago, jnelsoninjax said: Those claims could be thrown out before trial. “We need to know how cleaning a bathroom led to a death,” Perry said. “It’s just an allegation with no specificity.” The claims may be thrown out before trial. 13 hours ago, jnelsoninjax said: The attorney representing the man’s family would not comment and would not say how the man died or how. Who reviewed this article before it was published?! And what did this man do to that bathroom? Although with that said, I have seen the state of our bathrooms near the conference rooms, and some people just... Link to comment Share on other sites More sharing options...
oldtimefighter Posted December 8, 2016 Share Posted December 8, 2016 (edited) Quote The lawsuit does not say how much time passed between the incident and Fernando’s death. That is a very key piece of information... Actually, there is not a enough information to pass any type of judgement on the legitimacy of this lawsuit. This of course doesn't seem to be stopping the typical mocking comments one sees on any post about a lawsuit (because we know none of them are legitimate). I really want to know if criminal charges were ever brought up on the employees who made the man clean the bathroom. Edited December 8, 2016 by oldtimefighter Link to comment Share on other sites More sharing options...
restroom Posted December 9, 2016 Share Posted December 9, 2016 (edited) 18 hours ago, xendrome said: Much like the restroom Doh! I get it now! Baboom tish! 18 hours ago, FloatingFatMan said: I suffered deep emotional distress from reading about this poor mans fate and actually died, twice! I demand fifty bazillion quatloos in compensation! And a diet coke! You had to take it just that bit too far! Had you asked for a Pepsi, it would have been fine! Link to comment Share on other sites More sharing options...
Hum Posted December 9, 2016 Share Posted December 9, 2016 Bullfeathers. Anything for money. SenatorRobb 1 Share Link to comment Share on other sites More sharing options...
KingCracker Posted December 13, 2016 Share Posted December 13, 2016 If he did leave a mess, its still the employee's responsibility to clean it up. If he made a huge mess you might make a case for vandalism and then call the cops. How ever its still the employee's responsibility to clean the mess up either by doing it themselves or having a private company come in and clean the mess up if it was that big of a deal. DConnell 1 Share Link to comment Share on other sites More sharing options...
T3X4S Posted December 14, 2016 Share Posted December 14, 2016 Florida...nuff said. Link to comment Share on other sites More sharing options...
restroom Posted December 14, 2016 Share Posted December 14, 2016 19 hours ago, KingCracker said: If he did leave a mess, its still the employee's responsibility to clean it up. If he made a huge mess you might make a case for vandalism and then call the cops. How ever its still the employee's responsibility to clean the mess up either by doing it themselves or having a private company come in and clean the mess up if it was that big of a deal. Even then, unless they watched him doing it, how do they know that HE made the mess? Could have been the person before him! Link to comment Share on other sites More sharing options...
cork1958 Posted December 14, 2016 Share Posted December 14, 2016 On 12/9/2016 at 6:13 AM, Hum said: Bullfeathers. Anything for money. On 12/9/2016 at 6:13 AM, Hum said: Bullfeathers. Anything for money. Ok, I'll go along with politely quoting you, although I'd rather say something else! Link to comment Share on other sites More sharing options...
Tomo Posted December 14, 2016 Share Posted December 14, 2016 Surely there would be a post mortem to determine actual cause of death? It seems the widow is just looking for someone to blame and possibly a payout. Link to comment Share on other sites More sharing options...
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