Tuesday, September 25, 2007

Jodee Berry, Ex Waitress Sues Hooters For Specific Performance of A New Toyota not a New Toy Yoda!


Regular poster Ron and his California entourage have requested a Legal Pub story on an old law suit out of Panama City. As I dusted off the moth balls, I wondered why they have so much interest in this "stale" litigation?
Panama City breeds a lot of interest, especially during the warm spring weather. But Jodee Berry, who was age 26 at the time, figured out a way to turn up the heat on a Hooters restaurant without changing the recipe of their hot wings. Jodee claimed that back in 2001, she was promised a new Toyota for winning a beer sales contest. But when her boss led her to the parking lot blindfolded, her prize was revealed to be a new toy Yoda ( little green Jedi master from Star Wars). Berry was hot! (No, upset. She claimed the promotion was a fraud. Berry's sad photo is courtesy of the A.P.)

Manager Jared Blair allegedly told the waitresses that this was a regional promotion contest and that the winner would be drawn from the names of the top 10 waitresses. (Jodee was nice looking, but was she really top ten? Ron and his entourage say yes, but Shell, Secret L.A. Reader and Ms. Calabaza blow her away!) In early May of 2001, Jared Blair allegedly informed Berry that she had won. Berry was blindfolded (no need for a bag to be placed over her head) and led to the parking lot where she was presented with the toy Yoda doll ($40.00 retail value.)

"A corporation can't lead their employees on like that...It's not good business ethics. They can't do that to people," Berry explained way back when. Berry quit a week later and we know little of her subsequent career path. However, Jodee apparently sued Gulf Coast Wings, owners of the restaurant, alleging breach of contract and fraudulent misrepresentation seeking specific performance of a new Toyota car or the equivalent in money. Jodee was represented by Stephen West of Pensacola.
Jodee Berry dispelled rumors that she really had blond roots by explaining how she was tricked. Specifically, she apparently claimed that Blair misled the employees through the course of the contest by telling them that he didn't know what kind of Toyota it would be ... a car, truck or van. Blair also allegedly told her that the winner would be responsible for the taxes on the prize.

This 2001 incident, like most incidents which spawn lawsuits had two sides. Jared Blair apparently maintained that the whole thing was a big April Fools joke. Apparently, Berry and her attorney were not laughing as they settled the matter out of court in 2002. While the terms of the settlement were not publicized, it was believed to have allowed Berry to pick out the Toyota of her choice. David Noll apparently was one of the attorneys involved in negotiating the settlement. Apparently the settlement did not require complete confidentiality most likely because it generated so much attention in 2002 and still continues to generate interest as evidenced by Ron and his entourage's recent inquiry.

Update 11-25-11: Here is an interesting ethical question about the sale of "a Lincoln."
Connie: "How would you like a shiny new 2011 Lincoln for a quarter?"


Mark: "OK, here's my quarter."

Connie: [Gives Mark a shiny new 2011 Lincoln penny] "Ha ha, never said it was a car."   LINK.

98 comments:

blond bombshell said...

I remember this story. I would have not wanted the world to know I fell for this so called April Fools joke. On the other hand, I always thought Jodee Berry would use the publicity to launch a modeling career. Wonder what happened to her?

Shell

california surfer dude said...

Toy Yoda. Ha that is a good one. That is a hoot. Wish I would have thought of that one.


Surfer Dude

Ms. Calabaza said...

Hey Shell,
you wrote,"wonder what happened to her"" - she's just not a "10" like you and me, girl.

I AM glad she got to pick out her own Toyota.

Jill said...

Yes, only the good die young and only true inner beauty stands the test of time.


Jill

Anonymous said...

Hey, the parents had to consent to the marriage. They obviously did so why the outrage 5 years later?

Ron said...

This Toy Yoda story was actually noticed by a Dutch colleague of mine. It is an older story, but is kind of funny, I think.

Legal Pub said...

The story surfaces periodically and is treated as recent news. It actually is an example of an employer April Fools Joke that went wrong, way wrong.

Would really be interested in Jodee Berry posting and telling us what she is up to now days.

Anonymous said...

Jodee Berry, let us know how you are doing now days...

Anonymous said...

this just reinforces the notion that girls with big breasts are stupid. shame on everyone involved.

(-)(-)

Anonymous said...

Jodee is one hot mamma!

Super Sloof said...

There is a Jodee Berry from Ormond Beach and one from Panama Beach that is 33.

There is another in Daytona.

One of these lucky girls is probably the owner of a several year old Toy Yoda!

Anonymous said...

Still smoken hot after all these years!

Anonymous said...

Go Jodee! Go Jodee!

Anonymous said...

Jodee lives on in most men's wildest dreams...

Anonymous said...

She still looks great!

Anonymous said...

Jodee, give us an update on your life. You don't need to say anything about the old law suit. Just let us know what you do now for a living etc...

Anonymous said...

Cats got her tongue. Very private lady with a new life.

Legal Pub said...

Can you blame her? After several years she is still one of the most popular google searches!

Anonymous said...

I would bet Jodee reads this. Come on Jodee, you have a world wide fan base now. You can tell us how you are doing without talking about the case.

Pete

Anonymous said...

Jodee. You don't have to say anything about the suit. But please, give us an update on your life. You can email the pubmaster:

legalpub@legalpub.net


Jerry

Anonymous said...

Panama City Jodee aint got nothing to say to you boys.

Anonymous said...

Personally, I would not want anything more than a weekend marriage license with Jodee. She rates a 10 only if the scale goes to 20.

Anonymous said...

Speak for yourself dude, the rest of us think she is a 10 out of 10. Have you seen her?!

Anonymous said...

Hear about the Dude who is suing Hooters?

Stewart went to the restaurant July 11, 2007. He was seated on a wooden stool at a high top table.

Mr. Stewart leaned up from the table and the round surface of the stool popped off the wooden posts of the leg. Stewart fell and claims he suffered injuries to his back and neck. His medical treatment supposedly exceeds $20,000.

Attorney Anthony M. Salvatore represents Stewart.

Anonymous said...

Want to bet Stewart was watching hooters instead of watching what he was doing?

Anonymous said...

That woman has no hooters, what was she doing working there?

Anonymous said...

Not Jodee's best photo to show her physique, but yes, she is built!

Anonymous said...

She wouldn't be a "10" unless the scale went to "100". You need to check out Texas women if you want to see true 10's.

Anonymous said...

Texas woman lover, you don't know Jodee if you think she is not a 10.

She is pissed off in the photo because of the law suit. She is a complete fox and I would stack her up against anyone. Trust me, Dude.

Someone who knows...

Anonymous said...

What is this the private I love Jodee Fan club?

Anonymous said...

I used to bang Jodee back when I was a homeless rodeo clown but not anymore. Now I am a world class magician !

Anonymous said...

Anon, don't know about you being a magician, but I would say it would be true magic if anyone thought you were telling the truth!

Anonymous said...

Hooters run alot of contest for employees. April fool jokes don't last a month. The manager was a dick head for doing that.Jodee worked her butt off to try and win somthing she needed. Hooter made money off this joke with beer sales. Let it go.

handy man said...

We love Jodee, here! She deserved every penny of whatever she got. Hope it was a great car or cash settlement.

Handy man

Anonymous said...

Jodee Berry became an internet legend. She fought corporate America and won. She will be forever remembered as with the Toy Yoda.

Anonymous said...

Is Jodee an example of a popular "TWITTER?"

Anonymous said...

And Jodee's legend continues to grow!

Anonymous said...

Priceless, timeless story...

Anonymous said...

If she wasn't priceless, Jodee would be violating the law!

Anonymous said...

Jodee is a good girl who can't tell her story for any price because she signed a confidentiality agreement.

123 123 said...

Cool story as for me. It would be great to read a bit more about this matter.
By the way look at the design I've made myself Overnight escort

Anonymous said...

NOt sure overnight escort post is any thing related to Jodee Berry. Jodee is a good girl, kind person and one who more than deserved to win a Toyota.

Anonymous said...

Jodee Berry is a living legend. An example of the possibility of the little person standing up to the corporate giant!

Anonymous said...

Toyota got what they had coming to them after trying to take advantage of their staff. Jodee just had the guts to stand up to the big bullies.

Anonymous said...

The day that Jodee socked it too the big boys.

Anonymous said...

American Girl Success Story!

Anonymous said...

Jodee was wronged. She righted that wrong in the proper manner. She took the male chauvinist pigs to court and they paid up.

Thats the way its suppose to work, don't you know?

Anonymous said...

Jodee Berry deserves credit for standing up for herself and the little guy. Totally unfair that there is some type of confidentiality agreement.

She should be on the talk circuits.

Anonymous said...

Who got custody of Yoda ?

Legal Eagle 7 said...

Now that is a darn good question. The last we knew, Jodee's lawyer had the toy Yoda doll. After all, it was his "smoking gun" in the case.

Legal Eagle 7

Anonymous said...

She was a hip chick.

Anonymous said...

She still is dude!

Anonymous said...

Jodee Berry for Congress!

Anonymous said...

Jodee is at least as qualified for political office as some of the other candidates.

Anonymous said...

Jodee! Give us an update on your life post litigation.

Anonymous said...

Jodee probably does not realize that she is a hero to waitresses all over the world. We aren't dumb, and Jodee proved it!

Anonymous said...

Potential congress woman? I think so. Jodee has a take no sh!t reputation and that is the type of legislator that this country needs.

Anonymous said...

I would vote for her over Sarah Palin for any public office (or for any job for that matter.)

Anonymous said...

Good point. But seriously, Jodee is bright and fearless. She would be a good representative of the people.

Anonymous said...

I would vote for her!

Anonymous said...

In all candidness, Jodee fought an uphill battle and beat the high priced lawyers. This is the type of fearless leadership this country needs. Jodee is NO Sarah Palin!

Anonymous said...

In all candidness, Jodee fought an uphill battle and beat the high priced lawyers. This is the type of fearless leadership this country needs. Jodee is NO Sarah Palin!

Anonymous said...

I could see Jodee presenting some valid points to the casual observer.

Cindi said...

Jodee is a true inspiration to working gals all over the U.S. who are tired of being treated like a bunch of mindless bodies. Thanks Jodee for standing up and saying enough is enough!

Anonymous said...

True but what a body!

Dragon Lady said...

Don't know nothing about specific performance; however, I believe Jodee performed well in handling this case.

Anonymous said...

For a confidential settlement, this case was publicized quite a bit. The Irony is that both Jodee and Toyota came off great. Hooter came across okay except for the specific manager. The manager came across as someone who might take advantage of naive workers. Hope it was all a meaningless joke.

Still In Awe said...

Still a classic tale of how a naive young woman stood up to a corporate manager.

Anonymous said...

Beauty and the beasty corporation!

Anonymous said...

Why is Jodee the most famous person in Florida?

Anonymous said...

I'm actually pretty disgusted at all the people who find this funny. You're indulging in the same twisted humor as this woman's employer did.
Whoever this supervisor was made a false promise to force workers in an already degrading job to throw themselves even more out there. It's not funny, in any way. It's just damn exploitative and in the end Ms Berry deserved much more than just a Toyota.

Anonymous said...

I agree. Supervisor was being exploitive

Anonymous said...

But come on. It was a joke.

Anonymous said...

It is no joke to exploit women workers. This manager made this poor woman work her tail off under false premises.

Jodee deserved even more than a new toyota.

Anonymous said...

I think it is so neat when a young woman like Jodee stands up to her employer. Too often management pushes around the little guy or in this case girl.

Waitress Waiting For A Hero said...

This may not be popular to say, but as a waitress, I really look up to Jodee for what she accomplished. We are not all dumb. When our employer promises us something, we have a right to believe the conditions of employment are true. When the employer lies and tries to take advantage of employees, they must be taught a lesson.

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Anonymous said...

Hooters attracts good looking women. Not all attractive women are dumb. Jodee is not dumb. Her manager tried to take advantage of a joke and get the girls to work their tails off under false premises.

Glad it all worked out.

Anonymous said...

Wonder how much that Yoda is worth now?

Anonymous said...

About $40,000

Anonymous said...

Sizzling hot story about Jodie over cumming the odds

Christy said...

She probable doesnt look so great now... she is middle age. LOL.

Anonymous said...

Jodee Berry is a legend. Bet she is still hot; but more important, bet she is still smart. She brought a corporation down enough that they now know that their managers need to be respectful and truthful to all employees.

Anonymous said...

Jodee has aged very nicely thank you.

Anonymous said...

Did Jodee go to high school in Ohio?

Scoops said...

Is there any truth to the rumor that Jodee Berry may be considered as a Republican Nominee for Vice President?

Political Wizz Kid said...

Jodee Berry is indeed a name being thrown out there, but unlike Joe the Plumber, I doubt her name officially surfaces this campaign.

Mitt Romney Supporter said...

Even though Jodee won't be the nominee, we hope that "the Force" will still be with Mitt in November.

Anonymous said...

Jodee would have been a better choice for Romney than Paul Ryan!

Anonymous said...

Republicans lost because once again they selected the wrong folks to run. A true American hero like our ex hooter girl would have given some mainstream support and made things a bit more interesting.

Anonymous said...

Jodee Berry, the story never grows old. How an uneducated young woman brought down a corporate empire. Timeless classic!

Anonymous said...

Jodee Berry, may be an ex hooter girl and she may not be an Oxford scholar, but she is no dummy. Jodee is street smart and a great example to common working folk all over the country.

Anonymous said...

Okay, Jodee won the battle. But did she really win the war? How is her life any different in 2013?

Anonymous said...

Wow, I always thought the legend of Jodee Berry was a myth. Now I find out it was true. You go girl!

Anonymous said...

Here are a couple facts & points of interest
- She sued gulf wings which is a company that owns a Hooters franchise, she did not sue corporate Hooters.
- Even after this incident and even losing the case the owners didn't fire the manager.
- She received what was owed to her as far as the settlement, she did not make a life altering amount of money.
- Yoda Last time I saw him he was still packed unopened in the box and living with Jodee. That was a few years ago.
-As far as The worth of him I guess would be what someone would be willing to pay.
- There is an actual question in the board game Trivial Pursuit about this case.
- She is still beautiful & smart. She is happily married with wonderful children.
Everyone who wants to judge this case in a negative light towards Jodee, well I would ask you to put yourself in her shoes. what would you do?

Anonymous said...

Thanks for the update. It would be great to know more about Jodee. She has thousands of fans on this site!

U know Who said...

Still the best Jodee Berry Coverage in the media. Great comments too!

Anonymous said...

She looks like yoda.