Litigation

DON'T PUT YOURSELF IN HARM'S WAY IF YOU WORK FOR MCDONALD'S

By Mark P. Loftus, Esq.

Dave Weiner commented on this story on the Huffington Post this a.m...

Nigel Haskett was working at a Little Rock, Arkansas McDonald's last summer when he saw an individual physically assaulting a woman in the restuarant. Mr. Haskett immediately rushed to the woman's aid and struggled with the scumbag who was assaulting her. Unfortunately, during the course of the struggle, Haskett was shot several times. As a result of his injuries, he has undergone multiple operations and incurred medical expenses of approximately $300,000.

Not surprisingly, Haskett went forward with a Workers' Compensation claim against the fast food giant. McDonald's however, has taken a very hard line. Ramsey, Krug, Farrell & Lensing, McDonald's insurer, has notified the Arkansas Workers' Compensation Commission that "...we have denied this claim in its entirety as it is our opinion that Mr. Haskett's injuries did not arise out of or within the course and scope of his employment."

In effect, McDonald's is asserting that they pay Haskett to flip burgers, make fries and pour drinks, NOT to intervene in altercations in the restuarant. Apparently, the corporate policy is to call the police and let them handle the situation. Okay, but a customer, in the restuarant, is being assaulted by a man with a gun. The police aren't around. With no regard for his own safety, Haskett jumps in, chases the bad guy outside and probably saves this woman's life.

You would think McDonald's would be thrilled that they have somebody like Haskett working for them. He risked his life to protect a customer. He's a hero. Most companies would love to have somebody like that on the payroll.

And McDonald's can't seriously be worried about the $300,000. They've sold lots of burgers over the years - $300,000 is chump change.

Let's hope this story gets some legs and McDonald's is shamed into doing the right thing.

Full post as published by Illinois Lawyer Blog on February 23, 2009 (boomark / email).