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Customer sues Lambert’s restaurant after claiming injury from ‘throwed roll’

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OZARK, Mo. -- A well-known Missouri restaurant, known for being the “Home of Throwed Rolls,” may be in some hot water over a guest who claims she received a roll-related injury.

Lambert's Cafe, which features dinner rolls being thrown across the room by servers to guests, is being sued.

The suit was filed on Tuesday by Troy Tucker. She was there with a Bible group, KFVS12 reports. She claims she "sustained a lacerated cornea with a vitreous detachment and all head, neck, eyes and vision were severely damaged" after being hit by a dinner roll during a visit in September of 2014.

Huntsville personal injury attorney Jeremiah Hodges says it's a case he wouldn't take, and is likely to be thrown out.

"It's kind of like going to a baseball game, if you go to a baseball game, you have to be aware that you may be hit by a foul ball," said Hodges. "It's the same concept from a legal perspective.

As with every case, he says it boils down to the facts, and there is a slim chance that Tucker may have a case.

"I could make the argument that if the server did it intentionally, or there was some sort of defect," said Hodges. "If it was a three-day-old roll and he threw it like a baseball, that'a little bit different."

Hodges went on to say the case bordered on frivolous, and most judges would question whether the plaintiff paid attention to their surroundings.

Credit: WDAF

Tucker is seeking $25,000 to cover medical bills and legal fees. The restaurant's "carelessness and negligence" as the lawsuit alleges has already caused expenses totaling $10,000.

The lawsuit claims that the restaurant should have known about the dangers involved in their signature practice.

Johnny Fugitt, of the River Front Times, points out that Tucker may not have much of a case considering that back in June, Slugger and the Kansas City Royals were deemed to have not been at fault after a thrown hot dog hit a man in the face and tore his retina.

Fugitt said in that case, the "baseball rule" was referenced, and that by voluntarily entering a baseball stadium the victim assumed some responsibility for personal awareness. He points out that "Home of Throwed Rolls" is posted all over, which could mean Lambert’s diners assume they are putting themselves at risk of being hit by a flying roll, upon entering the establishment.

Lambert's manager told KFVS12 this isn't the first time someone has sought money after getting hit by an errant roll.  He did say in some of those cases the restaurant's insurance paid for medical expenses.

For those who have never experienced a "throwed roll" at Lambert's, we found a clip to help you better understand what happens.