McDonald's employee shot during robbery sues company

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Steve5115
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McDonald's employee shot during robbery sues company

Post by 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.
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Re: McDonald's employee shot during robbery sues company

Post by dlh »

Wonder how this case will resolve...Interesting interplay between the usual worker's compensation system and suit for direct liability against employer.
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WildBill
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Re: McDonald's employee shot during robbery sues company

Post by 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.
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MechAg94
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Re: McDonald's employee shot during robbery sues company

Post by MechAg94 »

I can sympathize with the protection/security issues a little bit, but I fail to see how McDonald's was grossly negligent.
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C-dub
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Re: McDonald's employee shot during robbery sues company

Post by 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?
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WildBill
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Re: McDonald's employee shot during robbery sues company

Post by WildBill »

C-dub wrote: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.
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fickman
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Re: McDonald's employee shot during robbery sues company

Post by fickman »

It would be even better if the employee was a CHLer who was prevented from carrying at work by policy.
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TVegas
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Re: McDonald's employee shot during robbery sues company

Post by TVegas »

WildBill wrote:
C-dub wrote: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.
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WildBill
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Re: McDonald's employee shot during robbery sues company

Post by WildBill »

TVegas wrote:
WildBill wrote:
C-dub wrote: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. :tiphat:
It would still be interesting to have been at the trial to see how the case was presented.
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thestudiokid
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Re: McDonald's employee shot during robbery sues company

Post by 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.
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Re: McDonald's employee shot during robbery sues company

Post by Soccerdad1995 »

thestudiokid wrote:$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.
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Re: McDonald's employee shot during robbery sues company

Post by WildBill »

Soccerdad1995 wrote:
thestudiokid wrote:$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.
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C-dub
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Re: McDonald's employee shot during robbery sues company

Post by C-dub »

TVegas wrote:
WildBill wrote:
C-dub wrote: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.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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threoh8
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Re: McDonald's employee shot during robbery sues company

Post by threoh8 »

C-dub wrote: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.
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