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Old 10-07-2007, 06:43 AM   #1 (permalink)
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McDonalds get sued for 6 millon

Our legal system is broken and this story proves it

http://www.msnbc.msn.com/id/21151938/?GT1=10450


I cant believe any 21 year old woman would be that DUMB to submit to any "offical" police investigation in the back office of a McDonalds

and sure as hell the police dont ask you to "perform"

DOH the jury was out to lunch on this one
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Old 10-07-2007, 08:11 AM   #2 (permalink)
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Re: McDonalds get sued for 6 millon

This isn't that much of an outrage linderman. She was 17 or 18 when it happened, not 21 and you really don't have the right, as an employer, to tell your teenage employees to strip down and then call your finance in so she can give him oral sex. Really not okay, actually.

Plus we live in a stupid culture where people are constantly told that you have to do what a police officer says no matter what because "they're the law."

(there, I criticized american culture, happy now mimo?)
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Old 10-07-2007, 09:54 AM   #3 (permalink)
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Re: McDonalds get sued for 6 millon

That girl was a idiot.

I'm sorry if my manger ever told me to strip at the time I would prob tell them to screw off.

Although in all honesty it might be worth it to strip and then sue later :)
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Old 10-07-2007, 03:44 PM   #4 (permalink)
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Re: McDonalds get sued for 6 millon

thats BS blaming and bilking McDonalds over that, arrest the individuals involved, sue them too, and award the idiot that was "performing" at the direction of the police on the phone ???????????? come on, the easter bunny is real too
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Old 10-07-2007, 03:58 PM   #5 (permalink)
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Re: McDonalds get sued for 6 millon

IMHO she got lucky and earned a pretty penny well at it as well.
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Old 10-07-2007, 05:41 PM   #6 (permalink)
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Re: McDonalds get sued for 6 millon

it appears as if this scenario had been going on for a long time, and corporate was aware of it yet chose NOT to warn their restaurants...
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Old 10-07-2007, 06:21 PM   #7 (permalink)
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Re: McDonalds get sued for 6 millon

Mcdonalds are mostly all franchise corporations (owned by individuals operating under the operational direction) , the owner of a franchise may of been aware of strange behavior, but I doubt if corporate Mcdonalds knew
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Old 10-07-2007, 08:20 PM   #8 (permalink)
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Re: McDonalds get sued for 6 millon

This McDonald's is a company owned store.
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Old 10-07-2007, 09:52 PM   #9 (permalink)
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Re: McDonalds get sued for 6 millon

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Originally Posted by Nik00117 View Post
IMHO she got lucky and earned a pretty penny well at it as well.
You're a disgusting human being and I really don't care if I get banned from this forum for saying it. Anyone who thinks a girl getting raped is "getting lucky" is filth.

Learn a little bit about psychology and how people who are under the authority of another person act before you go spouting your mouth.

Quote:
the owner of a franchise may of been aware of strange behavior, but I doubt if corporate Mcdonalds knew
http://www.law.com/jsp/article.jsp?id=1158915930386

Quote:
Bizarre 'Strip-Search Hoax' Case Before 11th Circuit
In similar incidents around the country, restaurant employees have been charged criminally for their role in doing searches

Alyson M. Palmer
Fulton County Daily Report
September 25, 2006
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Senior Judge Peter T. Fay didn't say much during the first case up for oral argument at the 11th U.S. Circuit Court of Appeals on Sept. 15.

But when the jurist did speak, he might have expressed what anyone in the courtroom aware of the tale leading up to the case was thinking.

"The whole thing is really stupid," said Fay.

"It's bizarre," said Patrick T. O'Connor, a Savannah lawyer representing the plaintiff suing McDonald's Corp. and the franchisee that operated the Hinesville, Ga., restaurant where the plaintiff once worked.

However it's described, the incident at issue is surprisingly widespread around the country.

It's a scam dubbed the "strip-search hoax," and it works like this: a man calls a fast food restaurant, pretending to be a police officer or restaurant corporate official. The caller convinces a restaurant manager that an employee -- invariably female -- is implicated in some criminal wrongdoing, such as theft or drug possession. Per the caller's instructions, the manager has the employee searched, in a progressively invasive fashion.

That's what happened the night of Feb. 2, 2003, at the Hinesville McDonald's, with details largely undisputed in court papers. The fight in federal court is over whether McDonald's and the franchisee that operated the Hinesville restaurant owe the plaintiff anything.

So far, a federal judge has ruled that McDonald's cannot be held liable but has kept alive some claims against the franchisee, GWD Management Corp. But as both defendants have fought off the suit, they have tried to make the other responsible.

"As I understand it, you've got two possible defendants, and they're pointing the finger like this," said Judge Stanley F. Birch Jr. at the Sept. 15 argument, crossing left and right fingers in front of his face.

Attorneys at Oliver Maner & Gray in Savannah brought suit for the plaintiff against GWD and McDonald's in August 2003. Last year, Senior U.S. District Judge John F. Nangle granted summary judgment to McDonald's.

His order recounts what undisputedly happened on the night of the incident.

A little after 8 p.m., a man made a collect call to the Hinesville restaurant and identified himself as Gary Stanberry, the director of operations for GWD Management. Tracy Gotham, the shift manager, took the call, and she testified the caller said the plaintiff, then 19 years old, was involved with drugs and the police were on the way.

Per the caller's instructions, Gotham directed the plaintiff to the ladies' room and said she had two choices: be strip-searched by Gotham or by the police. The plaintiff went into a bathroom stall and handed her clothes, one item at a time, to Gotham, who took them away in a garbage bag.

The caller then told Gotham to identify the oldest male employee who worked at the restaurant. She called in Sam Spencer, a 55-year-old maintenance employee, and put him on the phone with the caller.

The caller told Spencer he needed help with an employee who had been accused of stealing and said he was putting a police officer on the line. The purported officer told Spencer to get in the stall with the plaintiff. The plaintiff testified in a deposition that she thought Spencer was an undercover police officer and that he told her if she didn't comply with his requests she would be arrested.

Following the caller's instructions, Spencer performed a body cavity search of the plaintiff and touched her vagina and breasts. At one point, the caller told Spencer to put her on the phone, and she was instructed to "laugh and giggle" as if she enjoyed the experience, the plaintiff testified.

After about 30 minutes into the search by Spencer, the plaintiff said she wouldn't allow him to touch her anymore. Gotham brought the plaintiff's clothes back into the bathroom, and she dressed and retreated to her car, where she called her mother, then the police.

Meanwhile, Gotham called the real Gary Stanberry, who insisted that he had not called earlier, and he made his way to the store. Phone records indicate that the call came from a pay telephone in Florida, according to a brief by the plaintiff.

Three days after the incident, GWD fired Gotham and Spencer. The next day, the plaintiff resigned, despite having been offered counseling help and a job at the store of her choice by GWD, according to Nangle's order.

SIMILAR INCIDENTS AN ISSUE

In other incidents around the country, restaurant employees have been charged criminally for their role in carrying out searches, although no one has been prosecuted in connection with the Hinesville search.

No caller in the Hinesville case has been prosecuted, either.

A criminal trial of David R. Stewart is set for next month on allegations that he made the call that set off a similar incident in a Kentucky McDonald's in April 2004, according to Michael Mann, the commonwealth attorney for Bullitt County, Ky. Mann said Stewart pleaded not guilty.

How many similar incidents occurred at restaurants is an issue in the Hinesville case.

According to a brief filed by the plaintiff in the district court, Kenneth L. Bryant, a private investigator hired by an unidentified national restaurant chain to investigate the scam, has determined that, since 1999, between 50 and 70 similar strip-search telephone hoaxes targeting various restaurant chains have been reported. Nangle struck Bryant's affidavit from the record, saying it was not based on personal knowledge as required by evidence rules.

At least 14 employee strip-search incidents took place in McDonald's restaurants prior to the Hinesville incident, according to the plaintiff's brief. At Friday's oral argument, McDonald's counsel, Mary Ann B. Oakley of Holland & Knight, acknowledged 12 to 14 such events but said they were remote in both time and place from the Hinesville case.

According to the plaintiff's brief, at least seven strip searches in McDonald's restaurants have spawned lawsuits. Roger W. Hall of Williams, Hall & Latherow in Ashland, Ky., achieved some success in a suit over an incident in May 2001 that was similar to the Hinesville case.

As in the Hinesville case, Hall said a judge granted summary judgment to McDonald's, but his client did accept a $250,000 offer from the franchisee that ran the restaurant where she was strip-searched as an employee.

Hall said the scenario "ties right in" with psychological tests in which subjects have inflicted pain on others when told to do so by an authority figure.

WAS FRANCHISEE WARNED?

The heart of the Hinesville plaintiff's case is the notion that McDonald's and GWD knew that similar incidents had occurred prior to the Hinesville story incident and failed to respond appropriately.

A McDonald's regional security manager for GWD's region from 1999 until November 2001 testified in a deposition that McDonald's warned GWD of the strip-search scam in a January 1999 memorandum and followed up with additional warnings in January 2001, according to Nangle's order. Additionally, since November 2001 the McDonald's training manual has prohibited strip searches of McDonald's employees or customers.

GWD says that it didn't receive any of these warnings. In deposition testimony and declarations, members of GWD management denied that they received the information sent by McDonald's security. They also said that they didn't get the updated operating manuals until after the Hinesville incident.

Nangle dismissed several of the plaintiff's claims against GWD, including her sexual discrimination claim under Title VII, but he let stand claims of intrusion upon seclusion, intentional infliction of emotional distress and false imprisonment. He wrote that Gotham and Spencer thought they "were acting in furtherance of their employer's business," not in pursuit of "personal agendas."

Nangle granted McDonald's motion for summary judgment, finding that McDonald's had neither maintained complete control over the Hinesville restaurant by virtue of its franchise agreement nor undertaken a duty to protect the plaintiff by providing security advice to GWD.

Friday's argument was on an interlocutory appeal of the order in McDonald's favor. The third judge in the case, 11th Circuit Judge William H. Pryor Jr., sounded dubious that the plaintiff had a case against McDonald's.

Pryor seemed especially drawn by McDonald's argument that it had never assumed a duty to warn the employees themselves, even if it had tried to provide information to franchisees like GWD. Since the plaintiff was dependent on GWD passing along the information, said Pryor, it's hard for her to say that McDonald's assumed the whole of the duty to protect her.

"You're trying to split up this duty and give McDonald's a little sliver of it, aren't you?" Pryor needled the plaintiff's counsel.

Subscribe to Fulton County Daily Report
This went on for years, it wasn't just 1 incident.
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Old 10-08-2007, 04:29 PM   #10 (permalink)
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Re: McDonalds get sued for 6 millon

I just had my 18 year old daughter read this and she comments



who in the hell would allow a strip search without being arrested ????? who in the hell would be dumb enough to submit to a search unless by a cop with ID at a police station


when cops strip females, its done by female cops or doctors

the girl should never have received that kind of settlement, McD's and the franchisee were rightfully salpped when all the info is out, but not to that extent pure BS
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Old 10-09-2007, 01:13 PM   #11 (permalink)
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Re: McDonalds get sued for 6 millon

I mena I wouldn't, but mangment should of known better to begin with i'm sorry, but mangement should of never even complied they should of said then come arrest her.

But they didn't
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Old 10-09-2007, 01:27 PM   #12 (permalink)
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Re: McDonalds get sued for 6 millon

Regardless, when she was asked to perform the sexual act she should have seen a red flag and know it was not legit.
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Old 10-10-2007, 08:38 AM   #13 (permalink)
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Re: McDonalds get sued for 6 millon

If she was scared and didn't want to go to jail or something.... then maybe.
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Old 10-10-2007, 09:01 AM   #14 (permalink)
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Re: McDonalds get sued for 6 millon

True, there are dirty cops. I am not a woman, but I would hope my wife or daughters would, in such a situation, make such a scene that others came in there, and back up officers were called in. We know this officer was not legit, but in such a situation no one, even the police have the right or authority to do something like this, and should be prosecuted beyond the fullness of the law, just for the fact they hold a position of authority. What would give a regualar citizen say, 5 years in prision should be 15 years for someone in authority, for breaking the laws they are holding over some one elses head. If it is a 100 dollar fine, 500 for the officer in question. But, I'm getting off on a tangent. Crocked people in authority just irkes me
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Old 10-10-2007, 09:24 AM   #15 (permalink)
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Re: McDonalds get sued for 6 millon

Unfathomably disgusting that people are blaming the girl that got raped in any way shape of form in this situation. There's plenty of blame to through around here, none of it goes to her though.
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Old 10-10-2007, 09:27 AM   #16 (permalink)
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Re: McDonalds get sued for 6 millon

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Unfathomably disgusting that people are blaming the girl that got raped in any way shape of form in this situation. There's plenty of blame to through around here, none of it goes to her though.
Re-read my posts.
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Old 10-10-2007, 02:51 PM   #17 (permalink)
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Re: McDonalds get sued for 6 millon

I told my manger this today, he'd of told that cop to come down to his store with a marked car and uniform come arrest her and take her to the station to do w/e processing they do, he would ofc checked her purse and her belongings but never even dare ask her to strip or anything.

I think the manger here wanted to see al il something he saw this as a oppurinity and went for it, intending on blaming the girl/cop well hes prob fired and mcdonalds is 6 mill poorer, they learned a very valuable lesson, hire mangers who aren't prevs and idiots.
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Old 10-10-2007, 03:36 PM   #18 (permalink)
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Re: McDonalds get sued for 6 millon

I would have to agree with post above, the girl is not the one to blame.


I believe she showed flawed thinking which led her to be a victim, end of story on that one. I would not expect anyone to willingly perform any sexual acts or allow themselves to be strip searched without a threat of bodily injury! I mean, what could have happened if this was supposedly legit and she would not comply, ?????? get fired from McDonalds ohhhhhh


My beef is with the insane amount of the award, it has nothing to do with the ability of McDonalds to pay 6 million, I am of the opinion they rightfully should have been made to pay a settlement as both MC donalds and the franchise owner failed to act to ensure a safe work environment.

What I disagree with strongly, is this type of verdict and award makes PRESEDENCE for future cases, many of them being even weaker than this one, its a process of errosion. Perhaps the next company wont have such deep pockets and a settlement will bankrupt them, just the loss of jobs alone is poor.

Although the victim should not be put on trial, she too had a major role in the outcome of this situtation whether you want to address that fact or not. 6 million for poor judgment is not right, plain and simple and it sets a bad presedence.

I'll bet the perpetrators of crime will not get a corresponding amount of time in jail as the settlement value was ?????????????
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Old 10-10-2007, 03:41 PM   #19 (permalink)
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Re: McDonalds get sued for 6 millon

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I would have to agree with post above, the girl is not the one to blame.


I believe she showed flawed thinking which led her to be a victim, end of story on that one. I would not expect anyone to willingly perform any sexual acts or allow themselves to be strip searched without a threat of bodily injury! I mean, what could have happened if this was supposedly legit and she would not comply, ?????? get fired from McDonalds ohhhhhh


My beef is with the insane amount of the award, it has nothing to do with the ability of McDonalds to pay 6 million, I am of the opinion they rightfully should have been made to pay a settlement as both MC donalds and the franchise owner failed to act to ensure a safe work environment.

What I disagree with strongly, is this type of verdict and award makes PRESEDENCE for future cases, many of them being even weaker than this one, its a process of errosion. Perhaps the next company wont have such deep pockets and a settlement will bankrupt them, just the loss of jobs alone is poor.

Although the victim should not be put on trial, she too had a major role in the outcome of this situtation whether you want to address that fact or not. 6 million for poor judgment is not right, plain and simple and it sets a bad presedence.

I'll bet the perpetrators of crime will not get a corresponding amount of time in jail as the settlement value was ?????????????
I agree in every aspect.
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Old 10-10-2007, 06:09 PM   #20 (permalink)
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Re: McDonalds get sued for 6 millon

I guess the problem I have with much of this debate is that I suspect the story as reported in the media isn't the full story. About 10-12 years ago there was a big furor over a woman who was burned by hot coffee at a McDonalds and got something like a $6 million award. The press had a field day with this. What a miscarriage of justice, etc.

Some of the relevant information was ignored for a year or two. As it turned out, the restaurant in question had received several complaints about burns from their coffee and done nothing. The woman who got the award was in her 60's and was so badly burned that she spent 3 days in the hospital. This case was tried by a judge, who essentially said, "Maybe this award will get management's attention."

Since the current case seems to involve an assistant manager named "Donna Summers" (is that ironic enough?) and her boyfriend in what seems to be a staged scenario, you have to wonder what isn't being reported about the histories of these people. As well as what "due diligence" was involved in the hiring of Ms. Summers. Any prior convictions involved, maybe? So, until I know more, I'm going to withhold my judgment on this award.
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