Napkins – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 The Case of the Million Dollar Napkins https://legacy.lawstreetmedia.com/blogs/case-million-dollar-napkins/ https://legacy.lawstreetmedia.com/blogs/case-million-dollar-napkins/#comments Thu, 24 Jul 2014 10:30:56 +0000 http://lawstreetmedia.wpengine.com/?p=21207

I’m a messy eater — ask anyone who knows me. I can make a mess while eating plain bread. So if there is anyone who knows the importance of a steady supply of napkins, it’s me. And also Webster Lucas. Especially Webster Lucas. Because when he asks for napkins, he isn’t playing around. Lucas recently filed […]

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I’m a messy eater — ask anyone who knows me. I can make a mess while eating plain bread. So if there is anyone who knows the importance of a steady supply of napkins, it’s me. And also Webster Lucas. Especially Webster Lucas. Because when he asks for napkins, he isn’t playing around.

Lucas recently filed suit against McDonald’s. McDonald’s has been sued many times, so this may not in itself surprise you; however, the claim in the suit just might. Lucas, having received only one napkin with his Quarter Pounder, asked for some additional ones. Instead of getting so many complimentary napkins that he couldn’t possibly use them all, thus ensuring a solid supply of backup napkins for the road as given by every other Mickey D’s, Lucas was told to make do with what he had. So he is now suing for $1.5 million.

Courtesy of Quickmeme.

Courtesy of Quickmeme.

(I don’t know any napkin synonyms, so please bear with me while I overuse of the word – it is hard to talk about a napkin scandal without constantly saying ‘napkin.’)

The Story

Lucas went to McDonald’s to eat, not to argue about napkins. I know this because when the napkin debacle occurred, he told his server this very thing. (As I usually go to fast food chains with the intention of getting in a fiery debate over a ketchup packet at the very least, I find Lucas’ plan here very strange.) Lucas pointed out that he should have gone to Jack in the Box, where napkins are apparently given in a non-Grinch manner. Unfortunately for him, Lucas did not go to Jack in the Box and he did argue about napkins, so overall the food trip was less than a success.

Lucas, a self-described clean person, realized two things at the beginning of this doomed hamburger visit: 1.) His table was crumb filled, and 2.) He only had one napkin. He wanted that napkin to wipe down the table, but he didn’t want to be left with just his shirt to clean his hands when he actually got to eat, so he went to the counter and asked for more. Employee Angel Arciga refused the request.

Courtesy of Tumblr.

Courtesy of Tumblr.

(Quick aside: Was the napkin dispenser empty? Because how else would this happen? I need this to be explained as it’s driving me crazy.)

Lucas should actually be grateful that his problem was only a lack of cleaning material, by the way. In a London KFC, a boy was served a deep-fried paper towel, and I bet he wishes that place had a “wipe your hands on your shirt” policy in place.

After being turned down, Lucas claimed that Arciga began to have an attitude with him. When Lucas asked him why he was being so hostile, the man began to curse and mumble under his breath.

Despite how thankful he should be at not being served napkin for dinner, Lucas asked to talk to the manager and was aghast to learn that he already was. He got Arciga’s name, after a lot of “playing around” about the spelling, and left to go shoot off an email to Arciga’s higher ups about their customer service, or lack thereof.

The general manager of the store responded with a simple apology, a promise to investigate, and an offer of free food – there was no mention of whether free napkins came with the free burgers though, so I do not blame Lucas for being a little leery.

Courtesy of Wifflegif.

Courtesy of Wifflegif.

Mr. Lucas then talked to Arciga again, who apparently was asleep during customer service training class, and was again offended by his attitude. Because of his mental anguish and the intentional infliction of mental distress, Lucas was unable to work. This means he needed another source of income and getting $1.5 million from McDonald’s seemed a reasonable alternative, or, at the very least, he assumed that with that much money he could just use some measly twenties when his hands got a little greasy. Either way, the situation led to the suit at hand.

The Motive

Part of Lucas’ claim was that napkin-gate was racially motivated. That was his only rationale as to why his request was refused, and as I personally cannot think of many other good reasons, I have to concede that he might be right. (Though my other thought is that perhaps the store was almost or completely out of said napkins and, as the manager, Arciga was incredibly embarrassed at his lack of proper inventory stocking thus making him unable to divulge the shortage to a customer. But that’s just pure speculation on my part.)

Lucas, an African American, was eating at a place “filled with Mexican Americans,” Arciga being one. In fact, Lucas asked if this was all “because [he was] black,” and claimed that Arciga mumbled something under his breath – the only understandable words being “you people.”

Which brings me to a serious point directed to all businesses dealing with customers: take claims of discrimination seriously. It may seem like just a napkin, but one restaurant’s napkin is another man’s $1.5 million lawsuit. So make sure to give proper training, and when a customer complains about service, actually do something about it instead of making vague assurances.

Will McDonald’s have to fork over a million and a half dollars for its napkin drought? I’d say no – though sometimes a ruling will surprise and possibly offend you. However, I feel safe in saying that even if Lucas doesn’t win his suit or doesn’t get as much money as he wanted, the time, bad press, legal fees, and everything else that goes into a legal proceeding makes these the most expensive napkins in the history of the world. Though if we’re including paper towels…

Ashley Shaw (@Smoldering_Ashes) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time.

Featured imaged courtesy of [anaxolootl via Flickr]

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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