Eateries, Inc. Receives $9,101,495 Award and Fees From J.R. Simplot Company
29 October 2003 - 7:24AM
PR Newswire (US)
Eateries, Inc. Receives $9,101,495 Award and Fees From J.R. Simplot
Company EDMOND, Okla., Oct. 28 /PRNewswire-FirstCall/ -- Vincent F.
Orza, Jr., Chairman and Chief Executive Officer of Eateries Inc.,
(BULLETIN BOARD: EATS) today announced the receipt of its
$8,584,932 judgment from the J.R. Simplot Co. The payment was in
addition to the previous payment of $516,563 for legal fees and
costs bringing the total judgment and fees paid to Eateries at
$9,101,405. The payments finalize Eateries' more than five year
battle with Simplot. The suit stemmed from Simplot's July 1998
shipment of contaminated chili rellenos to four of Eateries Phoenix
restaurants that caused customers to become ill. With the
assistance of the Maricopa County Health Department, Eateries, Inc.
was able to determine the cause of the food poisoning was the J.R.
Simplot product. Eateries' restaurants were the focus of a barrage
of negative newspaper and television news coverage as a result of
the Simplot contamination. Eateries, Inc. sued Simplot in Oklahoma
state court to recover damages incurred. Simplot had the case
removed to United States District Court for the Western District of
Oklahoma. Simplot then admitted liability and after a bench trial
on damages, the district court awarded Eateries $6.5 million, plus
attorney's fees and costs. Both sides filed motions to amend the
award and after considering those motions, the district court
entered an amended judgment increasing Eateries' award to $8.4
million plus attorney's fees and costs. Simplot appealed that
judgment to the Tenth Circuit Court of Appeals and Eateries cross
appealed. The Tenth Circuit Court of Appeals affirmed $8.2 million
of the judgment along with $355,644 in interest, the previously
paid $516,563 in legal fees and an additional $25,000 in legal fees
bringing the total judgment to more than $9.1 million. "The last
five years have been devastating for Eateries, Inc. We have spent
millions of dollars rebuilding the reputation of the restaurants
affected by Simplot's actions. Recovering some of that money is
gratifying but repairing the damage done to the reputation of the
restaurants and our shareholder value will take much longer. The
lesson other restaurants should learn from our experience is
simple. Vendor relations are unpredictable when things go wrong,"
said Eateries Chairman & CEO, Vincent Orza. Eateries, Inc., is
headquartered in Edmond, Oklahoma, and owns, operates, franchises,
and licenses 61 restaurants in 20 states under the names Garfield's
Restaurant and Pub, Garcia's Mexican Restaurants and Pepperoni
Grill. For additional information, contact Vincent F. Orza, Jr. at
405-705-5000. From time to time, the Company may publish
forward-looking statements relating to certain matters including
anticipated financial performance, business prospects, the future
opening of Company-owned and franchised restaurants, anticipated
capital expenditures, and other matters. All statements other than
statements of historical fact contained in this press release or in
any other report of the Company are forward-looking statements. The
Private Securities Litigation Reform Act of 1995 provides a safe
harbor for forward-looking statements. In order to comply with the
terms of that safe harbor, the Company notes that a variety of
factors, individually or in the aggregate, could cause the
Company's actual results and experience to differ materially from
the anticipated results or other expectations expressed in the
Company's forward-looking statements including, without limitation,
consumer spending trends and habits; competition in the casual
dining restaurant segment; weather conditions in the Company's
operating regions; laws and government regulations; general
business and economic conditions; availability of capital; success
of operating initiatives and marketing and promotional efforts; and
changes in accounting policies. In addition, the Company disclaims
any intent or obligation to update those forward-looking
statements. DATASOURCE: Eateries, Inc. CONTACT: Vincent F. Orza,
Jr. of Eateries, Inc., +1-405-705-5000 Web site:
http://www.eats-inc.com/
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