Carr Allison’s Sean W. Martin and Chancey R. Miller of our Chattanooga (TN) office obtained a dismissal of a retail hospitality industry client in a case pending in the United States District Court for the Eastern District of Tennessee.
In the Complaint, the Plaintiff claimed that he was attacked by the father of a former employee as he entered the store. The attacker’s daughter and former employee of the Defendant, join the attack by pouring a pot of hot coffee onto the Plaintiff causing burns to his upper body. The Plaintiff sued the store and not the former employee. A Motion to Dismiss was filed instead of an answer because the store was not liable for the intentional acts of a former employee. The Court granted the Motion and dismissed the case with prejudice. No appeal was taken.