Question
Sharon Ellison entered a Burger King and waited to order. After some time passed, Ellison called out and asked if anyone was going to wait
Sharon Ellison entered a Burger King and waited to order. After some time passed, Ellison called out and asked if anyone was going to wait on her. An employee explained that the other employees were busy and offered to take her order. The restaurant manager then walked out from behind the counter and said, "Why is it every time you come into the restaurant, you have to make a noise?" Ellison claimed that the manager then put her hands around Ellison's neck in a semi-headlock position and started shaking her several times. For purposes of this case study, you can assume that Ellison's allegations were true. Ellison then filed a lawsuit against the manager and Southern Restaurant Hospitality (SRH), which owned the local Burger King as a franchisee of Burger King Corporation (BKC). Ellision also sued BKC, claiming it was responsible for the actions of the local manager. The manager was an employee of SRH, which had authority over the hiring, training and employment policies of its managers and employees. The franchise agreement between SRH and BKC specified that SRH was an independent contractor and that BKC was not the employer of SRH. Should Ellison be able to recover against BKC for the actions of the local Burger King manager?
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