Legal Issues

by Mike Masnick


Filed Under:
camera phones, liability

Companies:
mcdonald's



McDonald's Not Dismissed From Nude Photo Case... But It Can Sue Its Own Employee Too

from the everybody-pile-on-now dept

Last month, we wrote about McDonald's attempt to get dismissed from a lawsuit involving a McDonald's employee who is accused of uploading naked photos found on a phone that was left at the fast food joint. Apparently, the company hasn't been dismissed from the lawsuit, but Michael Scott points out that the court has said that McDonald's can sue the employee in question over the matter for any damages. The court appears to have said that because a McDonald's employee promised to safeguard the phone, it became the company's responsibility -- but the fact that the employee was then negligent allows McDonald's to separately sue the employee for any damages.

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  1. icon
    Almost Anonymous (profile), 8 Jul 2009 @ 11:08am

    Re: Re:

    I have to side with the AC on this one. If the same dude that "stole" the pictures had instead entered into a multi-million dollar deal with a supplier for *insert item here*, no court in the land will hold McD's to that contract, there was no true meeting of the minds. By the same token I don't feel that the employee can expose McD's to damages through totally unforseen actions that could not have reasonably been addressed.

    Now having said that, it would seem that some people know some more about this story than the rest of us. If there are some sort of extenuating circumstances wherein one or more of McD's management behaved badly, perhaps that would open the door to damages.

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