National Chicken Kitchen franchisor Must Pay

Biz Journals:

A motorcycle driver hit by a restaurant delivery driver’s car has won a $2 million settlement from the national franchisor for his employer.

Ervin A. Gonzalez, attorney for the plaintiff, Joshua Szentpaly, said the delivery employee failed to stop at a stop sign and hit Szentpaly, causing severe neurological damage and the loss of his right arm.

But the battle over accident responsibility went beyond the employee of the Chicken Kitchen franchise in Miami.

Gonzalez’s office said the question was whether the national franchisor, Chicken Kitchen USA LLC, or the local franchisee bore responsibility.

“Chicken Kitchen USA LLC claimed its franchisee was an independent contractor and therefore was not responsible for their acts and omissions,” the law office said, noting a jury disagreed.

After a three-day trial in November, Gonzalez’s office said jurors deemed Chicken Kitchen USA legally responsible for the acts and omissions of its franchisee because it controlled or had the right to control the day to day business activities of its franchisee pursuant to its franchise agreement and operating manual.

Gonzalez said the win paved the way for another jury trial to decide the catastrophic injury case. Last month, the $2 million settlement came through.