by Mike Masnick
Mon, Jun 22nd 2009 9:34am
Late last year, we wrote about the odd case where a guy sued McDonald's over the fact that naked photos of his wife appeared online. Apparently, he had left his phone at a local McD's, and now claims that an employee uploaded the photos. As we pointed out in the original post, we had a lot of trouble believing that McDonald's, the company, should in any way be liable. What if the phone had been found by a random other customer? The situation could have been exactly the same, but would the restaurant have been liable? It appears McDonald's is making exactly that argument. Michael Scott points out that the company has made it clear that, if anything was done wrong here, and it was done by the employee, it was done well outside the scope of employment and it makes no sense for the company to be responsible for it.
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