Legal Question in Criminal Law in Texas

After a football game, a group of ~15 friends went to IHOP (International House of Pancakes) for some celebratory, late night food. We all sat together, and the waitress split up the tickets when we ordered, so it would reduce confusion for her. After the meal, everyone had paid but me, and I went to pay. I paid for my omelet, but the IHOP manager said that one ticket had not been paid for. It turned out that it was at the fault of the waitress, who had made a mistake and did not put the Junior French toast on the correct ticket along with the other food that one of my friends had ordered. I offered to stay inside for liability while Breiana, the one who accidentally didn't pay for her separate french toast, went outside to search for who had not paid. Coming up with no results, she left. After a few minutes, I, along with 2 IHOP employees, went outside to figure what was going on. My friend who I was riding with was the last one left out there, and I stood next to his car while we attempted to contact some of my friends who had eaten with us to determine who had not paid. I reassured the IHOP employees the entire time that nothing bad was going to happen and we had all intentions of the bill being paid before we left. Once we discovered that it was at the fault of the waitress who didn't combine the tickets correctly, I decided to pay the bill and then get reimbursement from my friend later. However, right as we were about to walk inside and pay the bill, another employee comes out wielding a hammer with a heavy blunt end and a sharp horizontal edge on the other end. I was quite worried by this point, and as we walked in, I asked the employee why he was wielding a deadly weapon. He then responds with an unsettling verbal threat; "It's an insurance policy." After paying for the ticket, I politely ask for the general managers number so that I may call and contact him about this appalling situation. I was simply greeted with lines along "I'm so sorry" and "It'll never happen again.", and was never given a number, despite my pleas. Uneasy, I quickly left the restaurant and returned home. Once home, I called the IHOP to speak about the situation. The manager simply agreed with every part of my story, offered countless apologies, but nothing else to help me. This morning, I called to speak with the general manager and he completely dismissed the situation, saying a hammer with a sharp edge (about twice the size of a regular hammer) is not a deadly weapon, and that bringing deadly force on situations like this was common and he himself had done it many times before. He told me to pursue an attorney if I so desire, and after the hell I have been put through, I absolutely desire an attorney. My question is, however, do I have a stance that could be used in a court of law?


Asked on 8/31/13, 1:59 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Used for what? You have no criminal claim and no civil claim. No lawyer would take that case.

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Answered on 9/04/13, 4:30 pm


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