Posted by Editor | Posted in Personal Injury News
A motorcycle driver who was hit by the delivery driver of a Florida chicken restaurant operating for a national franchise has been awarded a $2 million car accident settlement in an interesting case raising an important question about financial responsibility. Joshua Szentpaly suffered severe neurological damage and the loss of his right arm when a delivery employee of a Chicken Kitchen restaurant in Miami ran through a stop sign and hit him with the delivery car. The subsequent personal injury case was held up by a debate about who was financially responsible for the injuries: the Miami franchisee or the national franchisor, Chicken Kitchen USA LLC?
Chicken Kitchen USA LLC argued that it was not responsible for any of the victim’s damages. Specifically, the national franchisor claimed that the Miami franchisee was an independent contractor, and it was therefore not responsible for any of the franchisee’s actions and omissions. A jury did not agree, finding Chicken Kitchen USA LLC responsible for any damages since it controlled or had the right to control the daily activities of the franchisee as stipulated in the franchise agreement and operational manual, according to the story in the South Florida Business Journal. After this decision was made in three days, a separate jury trial awarded the victim with the $2 million Miami car accident settlement. A Chicken Kitchen USA LLC representative was not available for comment, according to the story.
