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douglas9

(4,358 posts)
Fri Jun 22, 2012, 12:23 PM Jun 2012

Pistol-Whipped Customer Can't Ruffle KFC in Court

PHILADELPHIA (CN) - KFC is not liable to a customer who was pistol-whipped by the cashier while mulling which side dishes to get with his chicken special, a federal judge ruled.
Edward Harris says he ordered a 10-piece bucket of chicken at a KFC in Philadelphia on Oct. 3, 2007, but had not decided what sides to get along with the biscuits.
Another cashier, Michael Henry, then interrupted the order and told Harris to "hurry up," according to Harris' deposition testimony.
Harris says he replied, "No, I am not dealing with you," but that the employee who had been taking his order backed away when the altercation became more heated.
Henry asked, "Well, do you want the fucking chicken or not," then muttered, "I will kick your ass," according to the deposition.
Harris says Henry then took out a gun and held it under the countertop.
The customer allegedly reacted by throwing up his hands, saying, "What? You going to shoot me over a bucket of chicken?"
As Harris headed for the exit, however, he turned around, and Henry hit him in the face with the gun.
Harris says he lost consciousness, broke his wrist, and needed eight stitches in the lip.
He sued KFC in September 2009, claiming the restaurant chain negligently hired Henry.

http://www.courthousenews.com/2012/06/22/47723.htm

6 replies = new reply since forum marked as read
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Pistol-Whipped Customer Can't Ruffle KFC in Court (Original Post) douglas9 Jun 2012 OP
Customers are NUMBER ONE!!!! cliffordu Jun 2012 #1
Fried Chicken Nazi. Ikonoklast Jun 2012 #2
Legal nit-picking here but elleng Jun 2012 #3
I keep telling you all that fast food is bad for you. HopeHoops Jun 2012 #4
as if we needed another reason not to eat at KFC mysuzuki2 Jun 2012 #5
KFC is a franchising company, so suing the parent company is the wrong thing to do jmowreader Jun 2012 #6

cliffordu

(30,994 posts)
1. Customers are NUMBER ONE!!!!
Fri Jun 22, 2012, 12:40 PM
Jun 2012

"Well, do you want the fucking chicken or not?" then muttered, "I will kick your ass,"

Ikonoklast

(23,973 posts)
2. Fried Chicken Nazi.
Fri Jun 22, 2012, 12:40 PM
Jun 2012

It's one thing not being allowed to order soup by The Soup Nazi because you weren't ready to order, but at least he didn't pistol-whip you on the way out.

elleng

(130,865 posts)
3. Legal nit-picking here but
Fri Jun 22, 2012, 01:10 PM
Jun 2012

customer/counsel chose the wrong Cause of Action. Feels like counsel was trying to get into KFC's deep pockets, instead of being reasonable. AND made a FEDERAL CASE out of it!

He sued KFC in September 2009, claiming the restaurant chain negligently hired Henry.
Had KFC done a criminal background check on Henry, it would have discovered arrests and convictions for possession of firearms, burglary, robbery and theft, Harris claimed.
But U.S. District Judge Lawrence Stengel sided with KFC at summary judgment this week.
"KFC would not have been aware of Henry's propensity for violence even if it had a duty to conduct a background check," the decision states.

Maybe sue them for bad acts of their agent, the cashier, but for negligently hiring him? Don't think so.

jmowreader

(50,555 posts)
6. KFC is a franchising company, so suing the parent company is the wrong thing to do
Mon Jun 25, 2012, 04:02 AM
Jun 2012

I would have recommended suing whoever owns the KFC he got pistol-whipped in for failure to prevent Michael Henry from bringing a gun to work.

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