MGC attorneys Madelyn Dukes, Robert Mebane and Ben Keohan secured a complete defense victory for a small restaurant in a claim arising from an off‑premises road‑rage incident involving one of its employees and a non‑customer. The plaintiff alleged the business was liable under theories of vicarious liability and negligent hiring, training, supervision and retention, arguing that the employee’s past criminal record and the absence of a background check created an undue risk of harm. The plaintiff claimed approximately $12,500 in economic damages tied to six months of medical treatment and sought punitive damages. Despite the modest medical expenses, they demanded $2 million pre‑trial and reduced their demand to $800,000 on the morning of trial.
On the first day of trial, MGC moved for Summary Judgment. The Court granted the motion in full, ruling that the employee’s off‑premises conduct could not be attributed to the employer and that a prior criminal record, standing alone, does not bar employment or establish notice of an unreasonable risk to the public. All claims were dismissed with prejudice, fully resolving the matter in favor of MGC’s client.
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