Man beaten by employees at drive-through restaurant: Assault, battery: Intentional infliction of emotional distress: Verdict

Law Reporter, Mar 2004

Hanlon v. Frank, Me., Cumberland County Super. Ct., No. CV02-492, Oct. 10, 2003.

Hanlon, 35, and his wife visited a McDonald's restaurant. The Hanlons put in an order at the drive-through window and were quoted a price. When Hanlon approached the pick-up window, an individual not in a McDonald's uniform passed him the food and quoted him a different, higher price. Hanlon requested a receipt. McDonald's employees responded by shouting obscenities at the Hanlons and telling them to leave the premises. Hanlon returned the food and requested a refund. A manager refunded Hanlon's money.

Two McDonald's employees then ran into the parking area and pulled Hanlon out of his van. One employee held Hanlon while the other assaulted him. The employees beat Hanlon until he lost consciousness.

Hanlon suffered bruises, abrasions, and a chipped tooth. His medical expenses were approximately $200. Hanlon also suffered humiliation and emotional distress. he was unable to accept a security guard position that was offered to him because he now fears confrontations.

Hanlon and his wife sued McDonald's Corporation, the owner of the local franchise, the employees, and the manager. Suit alleged assault, battery, and infliction of emotional distress. Suit against the corporation and the franchise owner also alleged negligence in die operation of die franchise and in failing to keep the premises safe for business invitees.

A jury awarded $30,000, finding defendants jointly and severally liable.

Plaintiffs' Counsel

* Daniel G. Lilley, Portland, Me.

* Christian C. Foster, Portland, Me.