Law, Business, and Society 9th Edition by Tony McAdams

Exercise 48

Former Hooters waitress Jodee Berry sued Gulf Coast Wings for not awarding a new Toyota as a prize for her victory in an April 2001 sales contest. Berry alleged that her manager told the waitresses in their Florida Hooters that the server selling the most beer would be entered in a drawing (involving other Hooters locations) with the winner receiving a new Toyota. At one point during the contest, the manager allegedly said he did not know whether the winner would receive a Toyota car, truck or van, but he did know that the winner would be required to pay registration fees. At the close of the contest, the manager told Berry that she had won. He blindfolded her and took her to the restaurant parking lot. He laughed when Berry found, not the car she expected, but a doll based on the character Yoda in the Star Wars movie (a toy Yoda). Berry did not laugh, but she did sue. The case was settled out of court. The terms of that settlement were not disclosed, but Berry's lawyer did say that she would be able to afford whatever Toyota she wanted.
Defend Hooters.