Aug 13 2015

Trial Verdict 2015-24: Springfield Partner Jack Burke & Associate Denise M. Tremblay

Springfield Partner Jack Burke and Associate Denise M. Tremblay had a Superior Court judgment affirmed by the Appeals Court in favor of our clients. The case involved a wrongful death action arising from the murder of a pizza delivery driver employed by an independent franchisee of our client.

In a confirmation of franchise law that will be cited for years to come, the Court affirmed the findings that the franchisor was neither directly nor vicariously liable because the franchisor did not control or have the right to control the specific policy or practice that resulted in the injury—namely, the delivery of pizza—and had discharged any duty it voluntarily assumed to protect the decedent from the foreseeable harm of a third party. Lind v. Domino’s Pizza, LLC, 87 Mass. App. Ct. 650 (2015).

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