A judge Friday approved a settlement of just over $140,000. in a lawsuit brought by a restaurant in Downtown Los Angeles that alleged that guests and employees of the Sheraton Grand Los Angeles were discarding burning cigarettes and other projectiles above the eatery that fell into its patio while customers dined.
Joey’s Restaurant Los Angeles Inc., which does business as JOEY DTLA, alleged trespass, nuisance and negligence while seeking preliminary and permanent injunctions and declaratory relief. Restaurant management maintained that about a month after the business opened, their personnel saw cigarettes on top of the fabric portion of the retractable awning over the exterior dining area, some of which caused burn holes.
On Friday, Los Angeles Superior Court Judge Anne Richardson approved an accord in which the Sheraton will pay $142,750 to the restaurant and take measures to keep the problems from recurring. The steps include making sure guest windows can no longer be opened, making sure guests are aware of the hotel’s no-smoking policy, increasing fines for violations of it and putting tall plants above the restaurant’s property, all of which could actually cost the hotel another $30,000. above the settlement agreement, the hotel lawyers stated in their court papers.
The restaurant originally sought close to $485,000., but that included the arguably not recoverable expenses for attorney’s fees, the purchase and installation of another awning and business interruption losses, hotel lawyers stated in their court papers.
Hotel attorneys maintained in their previous court papers that JOEY restaurant management could not prove through eyewitness or video evidence that any of the debris originated from the hotel.
The hotel and the restaurant are located in the 700 block of West Seventh Street in an open-air urban center known as The Bloc. The restaurant is one of a family of company eateries located throughout North America, including three in Los Angeles County. Each is known for its spacious patio dining areas and retractable awnings.
JOEY DTLA features the largest street-level patio in Downtown Los Angeles, a theater kitchen and an interior willow tree piece of art that helps the restaurant provide an “oasis” within the city for its customers and employees, according to the suit brought in August 2021.
Restaurant management alleged that employees, guests and others at the Sheraton have repeatedly “thrown, tossed, released, launched and otherwise caused to come crashing down onto and into JOEY DTLA various projectiles,” including burning cigarettes and other flaming materials, a full beer can that shattered and sprayed upon impact, a cup of water and a coffee creamer container that so disturbed a customer. it prompted a posting on Yelp.
Many of the tossed items, including the beer can, cup with water and burning projectiles, came from a large balcony at the Sheraton that has shrubbery and other coverage, “making it an inviting place for surreptitious smoking breaks by employees, guests and invitees looking for a way to hide smoking within what is supposed to be a non-smoking hotel and who need a means of hiding or getting rid of remnants or butts of cigarettes or other burning materials,” the suit stated.
The restaurant has been forced to limit the use of its patio and to provide complimentary meals or drinks to placate customers and replace its fabric awning with a more expensive material that is less likely to burn, according to the suit.
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