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Posted on Fri, Jul 26, 2013 : 5:54 a.m.

Family of Rose Martin sues restaurant chain over her death

By Staff

The family of Rose Martin, who helped found the Peace Neighborhood Center in Ann Arbor, has filed a lawsuit against the Olive Garden restaurant, where Martin collapsed and died in January, television station WDIV reported.


Rose Martin

From Facebook

The lawsuit, filed against the Olive Garden and Darden Restaurants Inc., alleges a supervisor at the restaurant told a waitress to stop efforts to revive Martin after she collapsed at the restaurant on Eisenhower Parkway on Jan. 22, the station reported.

Martin was a longtime social worker and community activist in Ann Arbor.


The Picker

Fri, Jul 26, 2013 : 12:42 p.m.

What was her family or dinner guests doing this whole time ?


Fri, Jul 26, 2013 : 12:30 p.m.

The link says "A guy in a white jacket came over, a chef's jacket," Ulmer said. "He whispered something in her ear and she just stopped, got up and started going back waiting on tables." It also says the Rose Martin's family is not seeking money. I hope the waitress and other witnesses are willing to testify to the truth of what happened here. Perhaps there was nothing that could have saved her, but if this is true the man in the white jacket made it that way in my opinion.


Fri, Jul 26, 2013 : 12:36 p.m.

It also says the Rose Martin's family is not seeking money. They always say that. Anyone think Sam Bernsein is doing this because of the principle? If they are not doing it for the money I hope the out of court settlement is donated to the peace Center.


Fri, Jul 26, 2013 : 12:24 p.m.

We don't know all the circumstances, but maybe Olive Garden and it's parent company have a policy of employees not performing an act of CPR for the simple fact that people are willing to sue over things like broken ribs or other silly things. Sometimes companies say call 911 and keep the scene safe till paramedics arrive. I am trained in CPR and even though the law generally supports the "good samaritan", there is always that chance that someone will be out to get money regardless of the law. It puts those of us in the general public with some training in CPR at risk. Now if a registered nurse, or doctor were on hand, are they required to perform CPR? Sounds like management told an employee to stop CPR, not a patron with a medical background. And company policy might be why they were asked to stop by the manager.


Fri, Jul 26, 2013 : 12:34 p.m.

Unfortunately it does not matter what the law is. The ambulance chasers count on out of court settlements.


Fri, Jul 26, 2013 : 12:21 p.m.

What did she die from? CPR doesnt do anything for a lot of things...


Fri, Jul 26, 2013 : 12:31 p.m.

Excellent point.

Lake Trout

Fri, Jul 26, 2013 : 12:12 p.m.

I would be very interested in knowing exactly what the Manager told the employee. If there was any threat of losing their job if they didn't stop, then the Manager certainly is liable. Having taken CPR and First Aid classes most of my adult life, I would not have stopped until paramedics arrived or another by-stander assisted. I'd deal with the Manager after the crisis was over and the Manager would not win that battle and possibly lose their job over such actions. Olive Garden had better step up because if they don't, with social media what it is these days, they really aren't going to like the publicity this is going to get.


Fri, Jul 26, 2013 : 12:32 p.m.

Olive Garden had better step up because if they don't, with social media what it is these days, they really aren't going to like the publicity this is going to get. And THAT is exactly what the ambulance chasers are counting on!


Fri, Jul 26, 2013 : 12:10 p.m.

There is no legal obligation to help someone, so this lawsuit will be thrown out.

Basic Bob

Fri, Jul 26, 2013 : 12:38 p.m.

and certainly there is no obligation to continue when they can't be helped


Fri, Jul 26, 2013 : 12:04 p.m.

Ok so I was going to post completely the opposite thing...and then I went and read up on Michigan's Good Samaritan law. 691.1504 Rendering of cardiopulmonary resuscitation; applicability of subsection (1) to civil actions (1) Subject to subsection (2), an individual who having no duty to do so in good faith voluntarily renders cardiopulmonary resuscitation to another individual is not liable in a civil action for damages resulting from an act or omission in rendering the cardiopulmonary resuscitation, except an act or omission that constitutes gross negligence or willful and wanton misconduct. sounds like they MAY have a case. I was under the impression that you could be liable for civil damages if you were not OFFICIALLY trained and certified in CPR. That is NOT the case it appears. I think they might have a case for "gross negligence" if the reason the manager stopped the employee from performing CPR was because of some kind of liability issue. The Samaritan law protects them from that...and as a manager you would certainly be expected to know that law. Not entirely sure that could be claimed as "gross negligence" though.


Fri, Jul 26, 2013 : 12:12 p.m.

Oh and if anyone is wondering, subsection 2 was just specifying the date in which this law became active. "(2) Subsection (1) applies only to a civil action that is filed or pending on or after May 1, 1986."


Fri, Jul 26, 2013 : 11:52 a.m.

I have a few thoughts on this. Olive Garden management seems callous if these allegations are true, however I wonder why no patrons stepped forward to assist Ms. Martin? I am certain if I and my wife had been there we would have attempted to help as my wife is an RN. No one on the staff could tell us not to.


Fri, Jul 26, 2013 : 12:47 p.m.

As an RN, she is obligated (correct or is my data outdated, I'm not longer certified)


Fri, Jul 26, 2013 : 12:20 p.m.

I agree if the allegations are true. Most seem to be taking the lawyer at his word.


Fri, Jul 26, 2013 : 12:18 p.m.

A waitress did step forward. I doubt the management would have allowed anyone to help.


Fri, Jul 26, 2013 : 11:49 a.m.

Go Navy - Last time I checked, EVERYONE dies. Nothing unusual going on. Unless you know something the rest of of don't...

Hugh Giariola

Fri, Jul 26, 2013 : 12:52 p.m.

Greg- sar·casm noun \?sär-?ka-z?m\ 1 a sharp and often satirical or ironic utterance designed to cut or give pain 2a : a mode of satirical wit depending for its effect on bitter, caustic, and often ironic language that is usually directed against an individual 2b : the use or language of sarcasm


Fri, Jul 26, 2013 : 12:23 p.m.

Error alert! I included the word sarcastic in little brackets, and it disappeared! Instant censorship? The takeaway: GoNavy can express sarcasm successfully without having to announce it was sarcasm.


Fri, Jul 26, 2013 : 12:20 p.m.

He (or she) knows how to make a ripping comment without having to put in it.


Fri, Jul 26, 2013 : 11:40 a.m.

I could not in good conscience quit giving CPR just because a manager told me to keep out of it and get back to work. Manager showed neglect. I understand not wanting to be held liable for further injury, if there was any, but to not try is worse in my opinion.


Fri, Jul 26, 2013 : 12:50 p.m.

Well put Sellers!


Fri, Jul 26, 2013 : 12:46 p.m.

If you are not registered and certified in CPR, then it can be a crime to give CPR if you cause harm or jeopardized the person. It is also a crime to NOT give CPR if you are present and certified. The ambulance chasing lawyers of today (who give all lawyers bad name) have caused the laws to suggest to society to bud out of peoples business and keep quiet because the risk of lawsuit for trying to do good is high. I feel for the victim here, but if the staff who attempted to help was trained in CPR, then she has help and disobey her boss. If she was not trained and certified, then her boss was correct in protecting the staff and the restaurant. As mentioned - it will come out in the court and the news media (TV mostly) will surely dramatize it. Best of luck for all those involved, as it's not fun for those on either side of the scale.


Fri, Jul 26, 2013 : 12:19 p.m.

Kathryn There is a thing called evidence. And it usually shows up in court not in the media. Sam Bernstein is the biggest ambulance chaser in Michigan. They would probably not have taken the case if this had happened in a mom & pop restaurant. The manager may have shown neglect or poor judgment I trust there are plenty of witnesses that will help sort this out. As it turns out my wife and I had just parked to go in and decided toleave before going in when we saw the ambulance.


Fri, Jul 26, 2013 : 11:35 a.m.

It's very rare for individuals to die in the modern age, so when a person does it's immediately suspicious and blame must be assigned.

The Picker

Fri, Jul 26, 2013 : 11:31 a.m.

It seems much better to do nothing in this day and age !

Basic Bob

Fri, Jul 26, 2013 : 10:41 a.m.

They called Sam.