Started By
Message

re: Wendy's Worker Sucker Punches Customer, 67, Who Complained About His Order.

Posted on 8/16/22 at 9:55 pm to
Posted by Fun Bunch
New Orleans
Member since May 2008
115394 posts
Posted on 8/16/22 at 9:55 pm to
quote:

Not very bright huh? He was hired by the franchisee or his manager so Wendy’s most certainly is liable.


Uhhhh…Generally speaking companies are not liable for intentional acts like this.

Obviously there are exceptions and circumstances can make them liable, but in general they wouldn’t be.

(Wendy’s will settle with the family to make it go away though)
Posted by tigersownall
Thibodaux
Member since Sep 2011
15292 posts
Posted on 8/16/22 at 9:55 pm to
Let me just take this opportunity to say Wendy’s needs to bring back those delicious chicken tenders. Also we must bring back 99 cent double stacks. Yes I’m fat.
Posted by Fun Bunch
New Orleans
Member since May 2008
115394 posts
Posted on 8/16/22 at 9:57 pm to
quote:

If you like living in a litigious society, sure.


Again, generally speaking even in our litigious society, in most cases companies are not responsible for the unforeseen unintentional acts of employees.

They will settle though. For a lot.
Posted by Proximo
Member since Aug 2011
15426 posts
Posted on 8/16/22 at 9:57 pm to
The employee’s act can be intentional. The claim is for negligent hiring
Posted by Fun Bunch
New Orleans
Member since May 2008
115394 posts
Posted on 8/16/22 at 9:59 pm to
Yes Negligent hiring would generally be the way to go in this situation. Still is usually a tough case.

Doesn’t matter though. Wendy’s will settle. Quickly. For a lot.
This post was edited on 8/16/22 at 10:00 pm
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33848 posts
Posted on 8/16/22 at 10:00 pm to
I've been through enough lawsuits with my franchise to know this. Grifters get paid
Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
150548 posts
Posted on 8/16/22 at 10:00 pm to
Seeing the video, with a person that old and sort of decrepit…that should be attempted murder IMO. A punch like that could very easily kill someone like that, and has before.
Posted by Proximo
Member since Aug 2011
15426 posts
Posted on 8/16/22 at 10:00 pm to
I’m sure it can be but from what I’ve read this guy had an extensive criminal history. The plaintiffs likely don’t need to settle it and can do well at trial depending on venue
Posted by Fun Bunch
New Orleans
Member since May 2008
115394 posts
Posted on 8/16/22 at 10:02 pm to
I didn’t get that far in the thread but did just see his criminal history on page 3.

Negligent Hiring will be a big component but I have seen some states that frown on using criminal history for proof of that especially in low level jobs like this.
Posted by Proximo
Member since Aug 2011
15426 posts
Posted on 8/16/22 at 10:03 pm to
quote:

you like living in a litigious society, sure.

Go frick yourself. I’m sure if it were your parent you’d be singing a different tune.

It isn’t like the victim claimed he slipped and fell and the video showed nothing
Posted by tketaco
Sunnyside, Houston
Member since Jan 2010
19432 posts
Posted on 8/16/22 at 10:06 pm to
Par for the course.
Posted by teke184
Zachary, LA
Member since Jan 2007
94823 posts
Posted on 8/16/22 at 10:08 pm to
Well it has again. It is upgraded to manslaughter.
Posted by John88
Member since Sep 2015
6198 posts
Posted on 8/16/22 at 10:10 pm to
Sad as hell, I believe in karma for this POS
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33848 posts
Posted on 8/16/22 at 10:11 pm to
Some one is a little testy tonight. The employee should bear this responsibility. Not the business because some lawyer lnows that is where the money is. We will jsut have to agree to disagree. Dollars doesnt replace a family memeber for me
Posted by BigWillyMetry
Member since Dec 2021
1548 posts
Posted on 8/16/22 at 10:19 pm to
“Be for real”

Enough said
Posted by teke184
Zachary, LA
Member since Jan 2007
94823 posts
Posted on 8/16/22 at 10:24 pm to
If there is a history of behavioral issues while working for the location and yet he still remained employed, that’s a big fricking problem.


Should Wendy’s have to pay? Not sure if they should but they will.

But if details of this guy’s employment come out and it shows prior issues, it could raise any payout dramatically.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33848 posts
Posted on 8/16/22 at 10:26 pm to
And I would accept negligence then but none of us have that information
Posted by TexasTiger08
Member since Oct 2006
25506 posts
Posted on 8/16/22 at 10:35 pm to
quote:

Man, it’s not the fault of the shareholders of Wendys. Many of you idiots who upvoted this are the very people who will be paying for the damages.


If I was a shareholder and saw my stock go down, I’d be pissed that I had money in a company that failed to do a basic background check and risk assessment.
Posted by TexasTiger08
Member since Oct 2006
25506 posts
Posted on 8/16/22 at 10:39 pm to
quote:

Did Wendy's have a page in their corporate handbook on sucker punching and killing a guest? Stop acting like a profitable business that makes money is the bad guy in situations where a dumbass did what their dna told them to do. Jesus, a manager running a fast food joint is supposed to undo at least 18 years of shitty parenting? Give me a break


You’re confusing “bad guy” with responsibility. Wendy’s isn’t the bad guy. The POS that took a swing is the bag guy. But guess what, Wendy’s hired him, and assumes responsibility for what the employer does on their property.
Posted by TexasTiger08
Member since Oct 2006
25506 posts
Posted on 8/16/22 at 10:46 pm to
quote:

Some one is a little testy tonight. The employee should bear this responsibility. Not the business because some lawyer lnows that is where the money is. We will jsut have to agree to disagree. Dollars doesnt replace a family memeber for me


Dollars can pay for the funeral. Dollars can pay for the therapy needed after the sudden and traumatic death of a loved one. Dollars can pay for the hospital bills that will be sent out for a few days of care. Dollars out of a pocket may also make an owner or manager think twice about hiring a piece of shite…and might also make someone do their due diligence with background checks.
first pageprev pagePage 6 of 7Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram