Texas Employee Sues Wendy's For Injuries During Robbery
Attorney
(866) 735-1102 Ext 645
A former employer of a Wendy's restaurant is proceeding with a personal injury suit in which she claims that the negligence of Wendy's caused her personal injuries when she was robbed while working
Janet Brandon, the former assistant manager of the restaurant in question, filed the suit on December 26 of last year in the Marshall Division of the Eastern District of Texas.
In North Carolina such a suit would not be allowed because a North Carolina worker is not allowed to sue his employer for injuries which occur at work. There is a rare exception in North Carolina that would not apply to the facts in this Texas case. In North Carolina the injured worker may only bring a workers' compensation for on the job injuries.
One of Brandon's duties as assistant manager was to make a morning "drop" deposit. According to her, the plan was to place the deposit bag in a Wendy's bag, hand it to another employee, and then enter the drive-through where the employee would give it back to her.
However, on December 26 of 2005, she says that on the way to her car, she was struck in the head twice from behind and rendered unconscious. She says that she lay unconscious in the parking lot for approximately half an hour before a customer at a nearby Exxon station spotted her. Her fellow employee who was supposed to hand her the deposit bag moments after she went outside did not check on her although she had laid on the pavement unconscious for half an hour.
Brandon's suit faults Wendy's International for negligence, gross negligence, and liable under respondent superior. Her complaint is that Wendy's was negligent for failure to implement proper deposit procedures as well as "preparing and properly training, monitoring, and supervising" managers and other employees on deposit procedure. She is seeking damages for medical expenses, physical pain, and mental anguish, and disfigurement, physical and emotional impairment.