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A Burger King franchisee in Florida, was ordered to pay nearly $8 million to a customer who allegedly slipped and fell at the restaurant and needed surgery for his injuries.

Richard Tulecki, 48, "suffered lower back injuries resulting in surgery" after he slipped on a "foreign substance" near the restroom of a Burger King location in Hollywood, Florida, according to court documents. The fall caused "serious injuries" which required surgery, and Tulecki suffered a postoperative perforated colon, according to his attorneys.

The lawsuit, filed in January 2021, accuses Burger King of negligence for "failing to ensure that the area and floor of the business was free and clear of any hazards."  Ticker Security Last Change Change % QSR RESTAURANT BRANDS INTERNATIONAL INC. 71.80 -0.12 -0.17%

A Broward County jury awarded Tulecki $7.8 million in damages, including $3.35 million for lost earnings and $700,000 for medical expenses. The court later adjusted the award to $7.68 million for medical expenses Tulecki's insurance had already paid for. 

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Founded in 1953, Burger King is an American-based multinational chain of hamburger fast food restaurants with branches across the globe. (Matt Cardy/Getty Images / Getty Images)

The verdict is one of the largest slip and fall verdicts in Florida's history, Tulecki's attorneys at Ginnis & Krathen, P.A., said in a press release.

"Delivering this verdict to our client means everything," said H Ross Zelnick, one of the personal injury attorneys representing Tulekci. "Our client suffered tremendous hardship due to the Defendant's negligence. While no verdict could undo those damages, it will provide him and his family with the resources to move forward."

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In this photo illustration, a Burger King Whopper hamburger is displayed on April 5, 2022 in San Anselmo, California. A Florida court ordered Burger King to pay $7.8 million to a customer who allegedly slipped and fell in the restaurant, requiring su (Photo Illustration by Justin Sullivan/Getty Images / Getty Images)

The attorneys said in the lawsuit that Tulecki will be forced "to pay large sums of money for doctor bills, hospital bills and other directly and indirectly related expenses in an effort to alleviate his suffering." 

Seven Restaurants, the owner of the Burger King franchise, filed a motion for a new trial on May 19, alleging Tulecki presented "virtually no evidence" that the restaurant's manager had knowledge of the purported "foreign substance" that caused Tulecki's slip and fall injuries. The motion called the $7.8 million award to Tulecki "clearly excessive." 

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An illuminated Burger King sign is seen on Aug. 25, 2014 in Washington, D.C. (Photo by MANDEL NGAN/AFP via Getty Images / Getty Images)

Attorneys for Seven Restaurants did not immediately respond to a request for comment.

Ginnis & Krathen attorneys said linking Tulekci's slip and fall to his gastrointestinal issues was a "crucial factor" in the "whopper" of a verdict. 

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"Our decades of trial experience, limitless financial and intellectual resources, along with our dedicated team of lawyers, paralegals and medical experts, allow our firm to go toe to toe with billion dollar insurance companies," said Zelnick.

"The insurance company denied any wrongdoing and offered only $200,000 to settle this case. We chose not to negotiate with this unreasonable insurance carrier. Together with our client we had our day in court," said Miguel A. Amador, a top Fort Lauderdale slip and fall lawyer.

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Sports

Crosby leaps Lemieux as Pens’ all-time top scorer

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Crosby leaps Lemieux as Pens' all-time top scorer

PITTSBURGH — Sidney Crosby broke Mario Lemieux‘s franchise scoring record with a goal and an assist in the first period of the Pittsburgh Penguins‘ game against the Montreal Canadiens on Sunday night.

Crosby, who began the night one point behind Lemieux, now has 645 goals and 1,079 assists for 1,724 points in 1,387 games. It also moved him past Lemieux for the eighth-most points in NHL history.

Crosby tipped Erik Karlsson‘s point shot at 7:58 of the first period for a goal to tie the record. He then broke the mark with 7:20 left in the period when his shot on a power play hit Bryan Rust and Rickard Rakell tapped the rebound behind Jakub Dobes.

Crosby, Rust and Rakell embraced behind the net after the goal and the Penguins spilled over the bench to congratulate their captain. Later in the period, a video message recorded by Lemieux congratulating Crosby on the accomplishment was played.

“I knew when we played together in 2005, that you were going to be a very special player, and accomplish a lot of great things in your career,” Lemieux said in a message posted on the club’s social media accounts. “Here we are, 20 years later, you are now one of the best to ever play the game.”

Lemieux, a Hall of Famer who also owned the franchise following his second retirement, became the Penguins’ all-time points leader, surpassing then-assistant coach Rick Kehoe on January 20, 1989, when Crosby was 17 months old. Lemieux, who was in the lineup when Crosby recorded his first NHL point, finished his career with 1,723 points in 915 games.

Crosby, the No. 1 pick in 2005, is the seventh outright all-time points leader in 58 years of the franchise’s history and the ninth active player to lead a franchise in points. Crosby previously broke Lemieux’s record for most assists in franchise history this past Dec. 29 against the New York Islanders. Crosby is 45 goals behind Lemieux’s franchise record of 690.

Crosby is now third on the NHL’s all-time points list with a single franchise, behind only Steve Yzerman (1,755) and Gordie Howe (1,809), both with Detroit.

Crosby also passed Phil Esposito (449) for sole possession of the ninth-most even-strength goals in NHL history. He also tied Adam Oates for the eighth-most assists in NHL history in the first period. Crosby, who has 20 goals this season, achieved his 18th 20-goal season. Only six players in NHL history have more.

The Associated Press contributed to this report.

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Technology

Waymo resumes robotaxi service in San Francisco after blackout chaos — Musk says Tesla car service unaffected

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Waymo resumes robotaxi service in San Francisco after blackout chaos — Musk says Tesla car service unaffected

Alphabet-owned Waymo has resumed its driverless ride-hail service in the San Francisco Bay Area after a temporary pause during blackouts that plagued the city beginning on Saturday afternoon.

“Yesterday’s power outage was a widespread event that caused gridlock across San Francisco, with non-functioning traffic signals and transit disruptions,” a Waymo spokesperson, Suzanne Philion, told CNBC in an e-mailed statement Sunday afternoon.

“While the failure of the utility infrastructure was significant, we are committed to ensuring our technology adjusts to traffic flow during such events,” she added.

Waymo notice of service outage in San Francisco.

Source: Waymo

As power outages spread yesterday, videos shared on social media appeared to show multiple Waymo vehicles stalled in traffic in different parts of the city.

San Francisco resident Matt Schoolfield said he saw at least three Waymo autonomous vehicles stopped in traffic Saturday around 9:45 p.m. local time, including one he photographed on Turk Boulevard near Parker Avenue.

“They were just stopping in the middle of the street,” Schoolfield said.

A Waymo vehicle stuck between Parker and Beaumont, on the north side of Turk Boulevard in San Francisco.

Credit: Matt Schoolfield

The power outages began around 1:09 p.m. Saturday and peaked roughly two hours later, affecting about 130,000 customers, according to Pacific Gas and Electric. As of Sunday morning, about 21,000 customers remained without power, mainly in the Presidio, the Richmond District, Golden Gate Park and parts of downtown San Francisco.

PG&E said the outage was caused by a fire at a substation that resulted in “significant and extensive” damage, and said it could not yet provide a precise timeline for full restoration.

San Francisco Mayor Daniel Lurie said in a 9 p.m. update on X that police officers, fire crews, parking control officers and city ambassadors were deployed across affected neighborhoods.

Waymo’s Philion also told CNBC that “While the Waymo Driver is designed to treat non-functional signals as four-way stops, the sheer scale of the outage led to instances where vehicles remained stationary longer than usual to confirm the state of the affected intersections. This contributed to traffic friction during the height of the congestion.”

Waymo “closely coordinated with San Francisco city officials,” she said, and proactively paused its service as of Saturday evening and in the first half of the day on Sunday.

“The majority of active trips were successfully completed before vehicles were safely returned to depots or pulled over,” she noted.

Amid the disruption, Tesla CEO Elon Musk posted on X: “Tesla Robotaxis were unaffected by the SF power outage.”

Unlike Waymo, Tesla does not operate a driverless robotaxi service in San Francisco.

Tesla’s local ride-hailing service uses vehicles equipped with “FSD (Supervised),” a premium driver assistance system. The service requires a human driver behind the wheel at all times.

According to state regulators — including the California Department of Motor Vehicles and California Public Utilities Commission — Tesla has not obtained permits to conduct driverless testing or services in the state without human safety supervisors behind the wheel, ready to steer or brake at any time.

Tesla is vying to become a robotaxi titan, but does not yet operate commercial, driverless services. Tesla’s Robotaxi app allows users to hail a ride; however, its vehicles currently have human safety supervisors or drivers on board, even in states where the company has obtained permits for driverless operations.

Waymo, which leads the nascent industry in the West, is Tesla’s chief competitor in AVs, along with Chinese players like Baidu-owned Apollo Go.

The outage-related disruptions in San Francisco come as robotaxi services are becoming more common in other major U.S. cities. Waymo is among a small number of companies operating fully driverless ride-hailing services for the public, even as unease about autonomous vehicles remains high.

A survey by the American Automobile Association earlier this year found that about two-thirds of U.S. drivers said they were fearful of autonomous vehicles.

The Waymo pause in San Francisco indicates cities are not yet ready for highly automated vehicles to inundate their streets, said Bryan Reimer, a research scientist at the MIT Center for Transportation and co-author of “How to Make AI Useful.”

“Something in the design and development of this technology was missed that clearly illustrates it was not the robust solution many would like to believe it is,” he said.

Reimer noted that power outages are entirely predictable. “Not for eternity, but in the foreseeable future, we will need to mix human and machine intelligence, and have human backup systems in place around highly automated systems, including robotaxis,” he said.

State and city regulators will need to consider what the maximum penetration of highly automated vehicles should be in their region, Reimer added, and AV developers should be held responsible for “chaos gridlock,” just as human drivers would be held responsible for how they drive during a blackout.

CNBC’s Riya Bhattacharjee contributed reporting.

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Environment

E-quipment highlight: Komatsu PC365-11 hybrid excavator

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E-quipment highlight: Komatsu PC365-11 hybrid excavator

Thanks to a clever, fully electric swing system and “boom up” power assist features, the big PC365-11 hybrid excavator from Komatsu promises better performance and serious fuel savings compared to conventional diesel machines.

Komatsu says its PC365-11 hybrid excavator uses a “boom-up” power assist feature that captures and stores kinetic energy during different operation cycles, then taps into that power to provide an extra energy boost when needed. The result is 15% more productivity and a 20% improvement in fuel efficiency when compared to non-hybrid excavators in ~40 ton class.

“The PC365LC-11 was engineered for excellence in multifunction applications by leveraging its innovative electric powertrain system to boost job site productivity while reducing fuel consumption,” says Matthew Moen, Komatsu’s product manager. “To highlight these performance enhancements, we’re emphasizing the concept of ‘multifunction plus’ as the defining feature of this machine.”

How it works


Komatsu hybrid explainer; via Komatsu.

Komatsu’s hybrid system replaces the conventional hydraulic swing function with a fully electric swing motor that draws power from an ultracapacitor (as opposed to a battery) energy storage unit. As excavator slows or stops swinging, something like a regenerative braking system captures the kinetic energy that would normally be lost as heat and stores it in the capacitor. Once there, the stored energy can be quickly released to power the swing motor or assist the engine, delivering up to an extra 70 hp when needed to support heavy lifting or digging cycles.

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And, thanks to Komatsu’s proprietary software, all of this energy capture and reuse happens automagically during normal work, without the need for external charging. The fuel savings happen because removing the hydraulic load from the ICE engine allows it to run at an ultra-low idle, while the productivity comes from the greater power and overall speed of the electric operations vs. conventional hydraulics.

Electrek’s Take


Komatsu lunar excavator; image by the author.

Trust me when I tell you that Komatsu didn’t wake up one day and decide to build a capacitor-based hybrid crane. One of their customers had the idea and came to them, promising orders. That’s what Komatsu does – from undersea remote control dozers to lunar mining rigs (above), if you bring Komatsu an order, they will absolutely find a way to fill it.

As for PC365-11 hybrid excavator, it’s packed with clever tech, overall – offering significant fuel, emissions, and TCO reductions without dramatically changing the operational logistics of an existing fleet’s operations. That’s all the sales pitch it needs.

SOURCE: Komatsu, via Equipment World.


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