K&M Files Two Cases to Protect Customers

Kafoury & McDougal filed two new lawsuits last week on behalf of a black shopper who said a Safeway employee called him the “N-word” and a couple who said Applebee’s tried to have them arrested after falsely accusing them of using a counterfeit bill.

In the first lawsuit, Timothy Gary, 53, says he was buying champagne at Safeway in Lake Oswego in May when off-duty employee Elizabeth Apodaca repeatedly called him the “N-word.”

Gary says Apodaca, who is white, approached him in the liquor aisle and accused Gary of being drunk. The two got into an argument, with each claiming the other was intoxicated. During the argument, Apodaca repeatedly used racial slurs to describe him, Gary says.

“This is a case of shopping while black in Lake Oswego,” said Greg Kafoury. “Whether Safeway respects its African-American customers can be determined by whether or not this employee was immediately fired.”

Gary demands $100,000 from Safeway and Apodaca for racial discrimination.

Applebees.svg_-768x356In the second lawsuit, a couple says their date was ruined when an Applebee’s waiter accused them of using a fake $100 to pay their tab.

Nicholas Baugh and Ashley Mason sued Applebee’s for false detention, slander, libel and humiliation. Applebee’s staff tried to have the couple arrested after claiming that the $100 had failed a test with a special pen.

“As soon as they (police) came to my table, my stomach just dropped,” Baugh told The Oregonian’s Aimee Green. He said he was worried he and Mason wouldn’t be able to get home to their 4-year-old daughter.

Police were about to arrest Baugh when he talked them into testing the bill a second time. This time, the test showed that the money was genuine. Still, Applebee’s refused to apologize and kicked the couple out forever.


The Oregonian (Safeway) — Aimee Greeen (01/29/2016)
The Oregonian (Applebee’s) — Aimee Green (01/29/2016)