June 30, 2004

Vicarious Liability Ruling in Arby's Case

The Supreme Court of Wisconsin held that Arby's, Inc. is not liable for a shooting death involving a franchisee's employee. Plaintiffs sued the franchisor for negligent supervision of an employee after an Arby's franchisee's employee left work without permission and shot his ex-girlfriend, her fiance and himself. The employee was a prison inmate who worked at the Arby's restaurant in Madison, Wisconsin through a work release program. The court held that Arby's could only be held responsible for the employee if Arby's exercised control over the daily operations of the restaurant. Finding that Arby's did not have the required level of control, the court affirmed the trial court's dismissal of the case against the franchisor.

Posted by franchiselawblog at June 30, 2004 05:27 PM