McDonald's employee shot during robbery sues company

[Steve5115]

http://www.click2houston.com/news/mcdon ... es-company

HOUSTON - Fallout after a violent robbery at a Houston McDonald's.

On Feb. 8, 2014, gunmen stormed a McDonald's restaurant on Beechnut near Wilcrest, shooting a clerk.

Now, that clerk is suing for $1 million.

Jose Juarez claims the company failed to provide protection from harm, knowing how dangerous the area is.

He also claims McDonald's was "grossly negligent" and that he suffered physical and mental anguish following the shooting.

[dlh]

Wonder how this case will resolve...Interesting interplay between the usual worker's compensation system and suit for direct liability against employer.

[WildBill]

They don't give much information in the article.
The only way we would know what happens is to follow it's way through court.
I don't think it will make the news again unless the employee is awarded $1 million.
I don't think that will happen.
Interesting that is has been two years since the robbery before the lawsuit was filed.

[MechAg94]

I can sympathize with the protection/security issues a little bit, but I fail to see how McDonald's was grossly negligent.

[C-dub]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

[WildBill]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

It sure would be nice to have a lot more detail of what took place at the restaurant and trial.
I also wonder if the families have sued the persons who committed the crimes.

[fickman]

It would be even better if the employee was a CHLer who was prevented from carrying at work by policy.

[TVegas]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

It sure would be nice to have a lot more detail of what took place at the restaurant and trial.
I also wonder if the families have sued the persons who committed the crimes.

That case was previously discussed on the forum. viewtopic.php?t=74068

It was very sad. I go by that McDonalds very regularly.

[WildBill]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

It sure would be nice to have a lot more detail of what took place at the restaurant and trial.
I also wonder if the families have sued the persons who committed the crimes.

That case was previously discussed on the forum. viewtopic.php?t=74068

It was very sad. I go by that McDonalds very regularly.

Thanks. Some how I missed that thread.
It would still be interesting to have been at the trial to see how the case was presented.

[thestudiokid]

$1M dollars? If McDonalds was smart, they'll try to settle for 1/2 of that and as a condition of the settlement, require it remain undisclosed. Considering their size, I could see litigating the awards in the other case mentioned.

It'll cost them more to take the case to a jury trial than to settle for a medium 6-figure sum.

[Soccerdad1995]

$1M dollars? If McDonalds was smart, they'll try to settle for 1/2 of that and as a condition of the settlement, require it remain undisclosed. Considering their size, I could see litigating the awards in the other case mentioned.

It'll cost them more to take the case to a jury trial than to settle for a medium 6-figure sum.

IANAL, but I'm not sure I agree. Even with a non-disclosure, it will still be known that they settled and they will get sued every time an employee is injured in a robbery.

On a side note, is the employee suing McDonalds corporation, or the Franchisee who owned and operated the store? Seems like any claim would more logically be against the Franchisee, but the corp has deeper pockets.

[WildBill]

$1M dollars? If McDonalds was smart, they'll try to settle for 1/2 of that and as a condition of the settlement, require it remain undisclosed. Considering their size, I could see litigating the awards in the other case mentioned.

It'll cost them more to take the case to a jury trial than to settle for a medium 6-figure sum.

IANAL, but I'm not sure I agree. Even with a non-disclosure, it will still be known that they settled and they will get sued every time an employee is injured in a robbery.

On a side note, is the employee suing McDonalds corporation, or the Franchisee who owned and operated the store? Seems like any claim would more logically be against the Franchisee, but the corp has deeper pockets.

I think they are suing both.

[C-dub]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

It sure would be nice to have a lot more detail of what took place at the restaurant and trial.
I also wonder if the families have sued the persons who committed the crimes.

That case was previously discussed on the forum. viewtopic.php?t=74068

It was very sad. I go by that McDonalds very regularly.

The young man that was killed was a friend and high school classmate of one of my nephews. He took his friends killing a bit hard for a while.

[threoh8]

It will be interesting since they've already lost a similar suit here in Texas.
http://www.bloomberg.com/news/articles/ ... r-2-deaths

If they lose this one there's no telling what they might do. They already allow CC. Will they hire security guards in known dangerous areas? Or will they just remove all stores from those known dangerous areas?

If they follow a policy of closing stores in high crime areas, they will be accused of all sorts of evil: Underserving the poor, eliminating jobs for those who need them most, probably some kind of racial bias, etc.