A restaurant employee is suing his former boss on grounds of personal injury claiming he inflicted cruel and unusual punishment upon him. John DuPont worked as a server at a new up and coming restaurant called FarmToTa in downtown Phoenix. DuPont was a smoker, something his boss Sebastian Dick found very agitating. The trouble began for John when patrons of the restaurant walked by him as he was smoking and loudly complained about his cigarette which his boss overheard.
After an apparently stressful evening in the kitchen Dick decided business was bad and the customers that night were lousy because of John’s smoking, so he decided to take his anger out on him and in his mind teach him a lesson. At the end of the night, Dick drugged John’s cola with the powerful sedative phenobarbital and locked him in the freezer after he passed out. Dick bundled John up in a coat and hat so he wouldn’t freeze as he went to the store to get the 3 cartons of cigarettes he would need for John’s punishment.
John was just waking up when he noticed he was locked in the freezer with smoke pouring in through the vent. Security footage shows Dick slowly pumping the smoke from individually burning packs of cigarettes through a hose into the freezer, this went on for nearly one hour and twenty minutes until another employee, who had forgotten her purse, came back to the restaurant. When she noticed what was going on Annie Baker called the police who quickly arrived on the scene. Police found DuPont near death in the freezer, they quickly rushed him to the hospital and arrested Dick. The smoke inhalation was not the cause of DuPont’s hospital visit, he had overdosed on nicotine. Fortunately for DuPont due to years of smoking he had built a tolerance to nicotine which saved his life. John must now smoke 7 packs a day due to the effect the high levels of nicotine had on his system.