Summary Judgment Victory for McDonald’s Corporation
Pretzel & Stouffer Partner, Rick Kenyon, recently obtained summary judgment on behalf of McDonald’s Corporation in a personal injury case filed on behalf of a 17-year-old patron who was physically assaulted by an unknown assailant wielding a baseball bat or similar weapon in the parking lot of a franchise restaurant. Plaintiff alleged permanent brain damage as a result of the assault. The Court ruled that McDonald’s Corporation, as the franchisor, did not owe a duty to provide for the security or protection of patrons at the independently owned and operated franchise, because McDonald’s Corporation did not control security at the franchise. The Court further ruled that the Plaintiff had failed to demonstrate that the alleged injury and damages were proximately caused by any act or omission on the part of McDonald’s Corporation.
The Hanover Ins. Group v. DNH Business Consultants, P.C., 2012 U.S. Dist. LEXIS 71844 (N.D. Ill. May 23, 2012).