Jury sides with unhappy diner who refused to pay his bill

Ralph Paul was unhappy with his seafood dish and refused to pay for it. After being charged with defrauding the restaurant, he hired a high-priced lawyer to fight the $46 matter. The case went to trial and he won. (St. Petersburg Times)

Comments

[kam]

I wonder: did the jury get to break for lunch or dinner?

[Stan Flouride]

What a tool!
He didn't get his way so he also didn't pay for his companion's meal, the coffee or dessert, and seems to have stiffed the server as well.
I was taught that if a patron eats more than 1/4 of a meal without sending it back or pointing out a problem, that they are responsible for paying for it. (and it sounds as if he had) I was told that was a law but don't really know.
Perhaps the menu did not describe the item adequately but that is no excuse.

[boynamedsue]

my defrauding a diner story:

We had been seated by the hostess who took our drink order, we had a small dinner order so she took that too and brought us our drinks.

45 minutes past. We asked about the food and she'd forgotten to put it in. We had the food delivered to go because it was late, and a manager was working the register. I asked if we could get anything knocked off since we had to wait so long. She said no, we had gotten our food, we had to pay for it.

I asked why we had to wait 45 minutes. She said it was because we had given our order to the hostess and not a waitress. I asked if it was normally a 45+ minute wait to sent a waitress to our table because that hadn't even happened. She refused to budge so i took my food. Grabbed a bottle of ketchup off one of the tables and walked out without paying.

Next time i was in there she didn't mention it.

[oxhead]

This guy's girlfriend must be proud of him. The "code" he lives by is to be a difficult ass.

[Rusty]

The Code of the Small Shrimp...small shrimp...is that like a tall giant?

What a douchebag. $15.99 sounds like a reasonable price for that dish as described.

[Rusty]

I'm gonna try this at Denny's...

[Tuck]

If he was so willing to pay for what he and his girlfriend ate, why didn't he just leave the money for what he felt was fair on the table when he left? What a wuss to stiff an American business and its employees then try excuse his behavior by using his military service. He'll probably try the same tactic with his high priced New York attorney; "I'm a veteran so I should get a 80% discount."

[Jim]

Yeah, that's what our soldiers fight and die for. The freedom to be a complete ass in public and in front of your girlfriend.

What a moron.

[JDubs]

Let us do the math. The $500.00 an hour attorney is in court 7 hours, he's from New York so presumably he flew to Florida ($1000.00). He probably spent about 20 minutes preparing for trial, but billed at least 3 hours, another 4 hours for $120.00 an hour paralegal. I might be missing something here too so this is a low ball.

$6,480.00 might seem expensive for a dinner out - but my friends that's the price one has to pay when one lives by a code.

[Swangirl]

Jim, you said what I wanted to say but even better.

And I never read in any book by Fodor's or Frommer's about world travel that you don't pay anything for a meal you don't like. Or for the meal your girlfriend completely ate. I think that kind of behavior would get you in a heap o' trouble in any country.

I do feel sorry for the jury foreman: Stacie Dull. Not a dazzling name, that.

[Ambs]

This happens more often than you might think. But since I work occasionally for a corporation, I just get the manager to comp it and it's over with. Or they order another dish (which they pay for) and, hopefully, enjoy it.

Once a guy went ballistic on me because there was cabbage in his Caesar salad (the Caesar mix consisted of romaine lettuce and red cabbage). "It wasn't listed on the menu." "You're right, sir, it wasn't, but I'm afraid we don't have any romaine that isn't mixed in with cabbage." Then he told me that he ordered the same dish in one of the chain restaurants in California and there was no red cabbage in the romaine mix -- a blatant lie; it's a corporation, they're known for making everything exactly the same, no matter where you go.

My manager at the time was always bitching that servers overreacted to customer complaints. "They're always perfectly nice when I come to the table." So I just said, "Travis, there's a man at table 33 who isn't very happy with his shrimp Caesar salad." About ten minutes later, Travis came back in the kitchen and said, "what a fucking asshole." It was priceless.

[pnwgal]

This guy is a clown. He ate all the seafood, then wanted more? I seriously doubt they teach one in the Air Force to be a jerkoff. Surely there's some sort of "restaurant blacklist" that they could put this moron on, so that he gets crappy service whereever he goes.

[lester]

i call shannigans. he didn't learn of this 'code' in the air force ... this guy's been an asshole his whole life.

[Soo]

Unfortunately, pnwgal, being associated with the military gives me the perspective that the guy IS a jerkoff, if he's a retired LtCol. They're called "Lite Birds" for a reason. He either didn't have enough clout or enough brains to pass the promotion boards to colonel.

Two promotions up from Lite Bird and you're a one-star general.

It's been my experience that there are two kinds of "retired" officers: happy, because they left on their own, and ticked off, because they were forced to go. The AF is currently shucking off useless officers left and right.

[Ambs]

I wish there were such a blacklist, pnwgal. I can't begin to tell you how many times I've had to return a 3/4-eaten steak that the customer suddenly decided wasn't up to their standards ... but they had to eat most of it to be absolutely sure. Even though I asked them to cut into it and make sure it was cooked properly when I dropped it off at the table. This guy seems cut from the same mold. He ate all his shrimp and scallops out of his pasta and demanded more seafood.

[David]

He may have a code, but I wish he also had manners. If he wasn't pleased with the misrepresentation all he needed to do was quietly explain to the server that the meal wasn't what he thought it would be and ask for a different entree or for more seafood.

Most restaurants would be more than happy to add a few more shrimp and scallops, they stay in business by keeping the customer satified.

[doozer]

I never write on here but I read it often. I must say that I felt so embarrarrsed reading this. I could just feel my cheecks getting red. I would have been so ashamed to say that that guy was my boyfriend. His act was so unclassy. Goodness, to be seen with such a cheapskate. If he wanted a ton of seafood he should have went buffett.

[doozer]

I was just sitting here thinking of that guy and I thought of that old Simpsons episode where Homer goes to the all you can eat seafood place. Correct me if I'm wrong but didn't Homer take it to court too? LOL, sorry just sort of like this I guess!

[SwarthyTroll]

Well, Homer paid for ALL YOU CAN EAT, and thus had a valid case.

Plus, he had a better lawyer.

[TomW]

Soo is right about the AF rank. I am pretty sure this guy is a non combatant officer who ran into his glass ceiling as a Lt. Col. That seems to be the defining rank, you either stop there and are discharged or you are promoted to full Colonel. Many administrative and support officers leave as Lt. Colonels and thats OK, they served and they went as far as the could. This guy seems to be a prissy little pain the ass, quick to invoke his service. I live down the street from a great guy who is very personable and semi-retired, does a lot of volunteer work. He lived her for years before any knew that he was as highly decorated jet jockey from the Vietnam era, who was an ace, who was shot down and rescued from enemy country. I am pretty sure his code would not have him stiff a server or a restaurant in the name of some mythical code. A lot of paper officers are like this guy, pretty tough on the enlisted ranks and the little people who work for them. Guess that carried over into civilian life What a nub!

[Miles Aje]

I don't think it's a LAW that you don't have to pay if you're dissatisfied. A decent restaurant would remove the cost of an entree from a dissatisfied customer's tab, but come on-- this is just theft.

[Booger Presley]

Did none of you read the article?

"Paul asked the waitress if he should have gotten more shrimp and scallops. The chef said he got exactly what went into every Verdura, a popular item at the restaurant.

Paul sent the dish back and asked that it be removed from his bill. He ordered dessert and coffee.

When the bill arrived, the Verdura was still on there.

Soon, Paul was in an argument with the restaurant's manager and owner. They wanted him to pay for the entire entree. Paul said he would pay to cover only the seafood he ate, not the vegetables and pasta.

The restaurant refused, so he left. Later, Paul asked the Better Business Bureau to mediate. But the restaurant, which has received no other complaints with the BBB in the past three years, would not do that."

He offered to pay for the meal minus the dish, he offered to pay for the meal with the dish PRORATED for the portion he ate, and offered to have the BBB mediate. I think he took it to a ridiculous extreme, but it's not like he didn't offer. When the guy complained, they should've informed him that they used the same amount of seaafood they normally do, and then offered him an extra seafood portion just to make him happy. The guy could've ended it by paying $16, but the restaurant could've settled it with $3-4 worth of seafood.

[Ambs]

No, we read the article, Booger. But he ate all the seafood off his plate and THEN asked if maybe he shouldn't have more. How is the restaurant supposed to know they shorted him if, in fact, they did? As far as they knew, he had the appropriate amount of seafood ... and it could have been more than the five shrimp and five scallops he says were on the plate. There's no proof of that except for his testimony.

That being said, most restaurants out there will take an item off the bill if you ask them to. I think everyone involved was overreacting.

[Foo]

"he lives by a code"

The guy sounds like Larry David. I could see this as an episode of Curb Your Enthusiasm. Larry pays a $500/hr lawyer in a lawsuit over a $46 meal. Plus, there's a shrimp angle.

[Stan Flouride]

By the way, the comments on that page attached to the original paper's article run about the same as here.

[BusinessRule]

The customer is always right. First rule in business.

[Mysty42]

Not so BusinessRule. I run an independant upscale candy store. I have had customers put Russel Stovers chocolates, which retail for about $7.00 less than what I sell my candy for, into one of *my* boxes and have the nerve to tell my that *my* candy was bad, and demand a refund. How did I know that it wasn't my candy and the RS brand? First, I know my product, second, they left the solid chocolate that has the RS mascot on it.

True story.

Mysty

[Matthew]

"It's what separates us from the rest of the world."

Well, yeah, he behaves as if he came from another planet.

[bob]

'Tis no man. 'Tis a remorseless eating machine.
-- Captain McAlister watches Homer eat all his profits,


Captain McAlister tries to convince Homer to leave.

Can't talk. Eating.

Homer: All you can eat. Ha!
Hutz: Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, ``The Never-Ending Story''.
Homer: So, do you think I have a case?
Hutz: I don't use the word hero very often, but you are the greatest hero in American history.
Homer: Woo-hoo!

[John]

I think the guy behaved reasonably. He does sound like an asshole, but a restaurant that wants to stay in business has to learn to deal with all sorts of customers. Five shrimp and five bay "scallops" does not sound like much for $16 and if pasta wasn't even mentioned on the menu then it was probably being used as filler. I think its totally reasonable to eat the few bits of seafood you see, stir it up to try to find the rest, and send the dish back if you don't find any. I probably wouldn't have done it myself, but I have seen partially consumed dishes sent back for less.

Assuming he wasn't at a fast food place, if the contents of the items weren't exaclty specified then neither was the price. He should have been offered a different dish at the least and he probably should have been able to pay for only part of the meal. Customers are not terrorists -- any business should be willing to negotiate with them.

I find the sense of entitlement from some service providers to be absurd. Just because he walked into their restaurant does not mean that the owners were going to get whatever money they wanted from him. Like all ongoing business transactions the restaurant had to make effort for the duration meal. I feel that too many restaurants operate like they are a street-side hotdog stand.

I strongly believe in tipping for the server, however, and since the management seemed to be the problem I think he should have left tip appropriate for the full price of the meal.

[WZ]

The other article regarding this says the dish comes with 5 shrimp and 5 scallops and is listed as containing pasta in the menu. It also mentions that his server saw 6 shrimp tails on his returned plate.
I just can't see eating most of a meal (or at least all of the seafood out of it) and returning it because it contained pasta when the menu said it contained pasta.
And a $3 tip on a $46 dollar tab is pretty sad. I son't think $16 is hideous for a seafood entree at an upscale place.
That $3 tip is just bugging me.

[Stan Flouride]

"I find the sense of entitlement from some service providers to be absurd."

yeah, it's not like they have menus with the prices on them or anything.

Just the fact that the asshole left a 6% tip shows what a jerk he is.

[freddie]

going against the grain here, but I vote with John & Booger Presley, even if the guy is a jerk, his effort to pay what he thought was fair actually sounded fair to me. I thought John said it pretty well.

[John]

A menu with prices is a good first step, but it should not serve as the only communication between a restaurant's management and its customers -- it is not a contract and it does not hurt to try to be accomodating. Frankly, I don't want to live in a world where only asshole customers get reasonable service because all businesses are run by assholes.

I think its really sad to see a restaurant act as if it is a drive-through joint that dishes out food from a window. If they can't make a minimal adjustment to their customers, even the rude ones, then they shouldn't be charging full-service restaurant prices. It's not like he ordered the ten-piece shrimp and bay scallop box from a picture menu at Popeye's.

And, while I think I would have left more of a tip, we don't know the particulars of his interaction with the server. If his or her attitude was anything like the manager, $3 may be all they earned. Assuming that they are entitled to additional money is part of attitude that created this situation.

[Harry Lime]

I've got a pretty good story. It's the one time in my life that I can remember getting up and leaving a restaurant without paying for everything the restaurant thought I should be paying for.

There's this local diner that has a standalone location and then a spot inside a local upscale shopping mall. I ate often at the standalone diner and occasionally at the mall location. There was a steak sandwich that I thought was pretty good. It was a big pile of meat that came on a hero-style roll and cost something like $10 or $11.

One day I met my wife at the mall for lunch and ordered the steak sandwich. (She probably ordered a pasta dish.) We had sodas, which we drained as we waited for our food to arrive. When the plates showed up, I noticed that my sandwich didn't look right. It came on a small, round roll rather than the bigger hero roll I was used to, and it didn't seem to have as much meat on it. I was immediately disappointed and flagged down my waiter to ask about the change in the sandwich. (At this point I wasn't angling for free food or anything -- I just wanted to register my objection to the reconfiguration of the sandwich.) The waiter didn't seem to know about any difference in the sandwich, but before long he said, "Would you like me to take it back and bring you something else?" And I replied, "Would that be all right? It really isn't what I was expecting." I ordered a burger or something, and he took the sandwich away. My wife hadn't yet touched her food, since she was waiting for me to have mine before she started.

A few minutes passed before someone I'm assuming was the restaurant manager strode out to our table (with the poor waiter, who had been nothing but friendly and accommodating, in tow) and stood there looking down at us, unsmiling. "What seems to be the problem?" she asked. I was a little taken aback, but I explained the situation in brief. Ordered a sandwich I had ordered many times before but what I got was definitely on different bread and looked smaller and at any rate wasn't what I was hoping to get when I ordered and I had asked my server if I could have a different sandwich instead. "Was there something wrong with it?" she asked. And I told her that I didn't know -- it so clearly wasn't the sandwich that I thought I had ordered that I hadn't bothered to bite into it and at any rate I'd really be happier with something else from the menu. Without saying much more she disappeared.

Another few minutes went by. My wife's pasta was getting colder. And then, to my honest shock, the manager marches back out of the kitchen and over to our table -- by herself this time -- and deposits my original sandwich in front of me. "Well, I spoke to the chef," she said. "And he said we're out of the bread this sandwich is usually served on. But he assured me the ingredients and portions are exactly the same."

I was flabbergasted and probably looked it.

"So," she continued, "since you ordered it and there's nothing wrong with it, you're paying for it." And she turned around and left the table and headed back into the kitchen.

Without a word passing between us, my wife and I both stood up from the table. She left her plate of cold pasta untouched. I did the math and left a tip for 20 percent of the charge for the lunches we had ordered. We walked over to the cash register, where I asked to be charged for the two sodas we drank. I paid that. And then we left.

The manager stared at us as we did this -- and I maintained eye contact with her in case she wanted to come and pick a fight with me. But she didn't say a word, nor did she follow us out into the mall.

I felt terribly naughty doing this, and yet totally justified. Was I out of line?

[JDubs]

Smart play Harry, they probably did something naughty to your sandwich when they took it back.