Legal

Jury Awards Supersized Justice

pO157.

Posted to Legal on Mon Oct 08, 2007 at 06:49:24 AM EST (promoted by port1080). RSS.

A former McDonalds employee was all smiles after a jury awarded her $6.1 million for enduring a 3½ hour ordeal in which she was detained, forced into a strip search and made to perform sex acts in a restaurant back office.

Louise Ogborn, then 18, was called into a back office of her restaurant in Shephersville, Ky in 2004 at the behest of her manager. A caller on the phone had falsely identified himself as a police officer and said a woman matching Ms. Ogborn's description had been accused of stealing from a customer. He requested the manager strip search Ms. Ogborn.

Eventually, it got weird after the manager complied with his initial requests, and the situation culminated with a naked Ms. Ogborn being forced to do jumping jacks and perform sex acts for the manager's fiancee. The entire  ordeal was captured on video (SFW) all of which was shown to the jury, and some of which made it onto a TV documentary.

Interestingly, the jury also awarded $1.1 million to the former manager who searched Ms. Ogborn. Donna Summers had been convicted of a misdemeanor crime for her involvement in the incident and was currently on probation at the time of the verdict. Her fiancee is currently serving 5 years for sex crimes in the incident. A man identified by the police in Florida as the hoax caller was acquitted on all charges in a separate trial.

A spokesperson for McDonald's responded that while they are considering to appeal they "[were] disappointed with the verdict, we remain vigilant in our efforts to protect our employees and provide them with a safe and respectful workplace."

Ms. Ogborn says she plans to use some of the money to go to law school.

Tags: edited by Port1080, writtend by pO157, McDonalds, strip search, prank call (all tags)

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4

McNugget

Steve Urkel.

Mon Oct 08, 2007 at 02:10:57 PM EST

4.00 (funny)

"the jury also awarded $1.1 million to the former manager who searched Ms. Ogborn"

It seems McDonald employees and juries are drawn from the same talent pool.

 

1

Re: Jury Awards Supersized Justice

port1080.

Mon Oct 08, 2007 at 09:21:35 AM EST

none

This is a difficult case for me to understand. From the writeup, I gather that the award was given because McDonalds didn't circulate a company-wide memo warning stores of this hoax caller. It's not clear to me why they should be legally obligated to do something like that. On the other hand, I do think that the company bears some responsibility for the conduct of its employees - after all, they work as a proxy for the company and they should have had enough sense not to proceed with this beyond a cursory questioning of their employee. So, I think it's great that Ogborn got the money, but I think it's complete b.s. that Summers (who was acting in her capacity as manager) got an award as well. Can anyone (Thalia?) explain the finer points of the law to the rest of us I.A.N.A.L.'s?

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Re: Jury Awards Supersized Justice

pO157.

Mon Oct 08, 2007 at 09:41:47 AM EST

none

I find it interesting that the documentary shows the only person wise enough to realize it was all a hoax was some 50+ year old maintenance guy who picked up the phone to talk to this "cop" and immediately realized this was just a pervert caller.

I mean, seriously, WTF was the manager lady thinking?

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Re: Jury Awards Supersized Justice

dzetetes.

Mon Oct 08, 2007 at 11:23:50 PM EST

none

I suspect it's a matter of negligence in the same way that it would be negligence not to inform workers of other workplace dangers.

For example, if a mining company receives word that a recent earthquake has destabilized a number of mine shafts, but fails to inform workers of the problem and take reasonable steps to prevent an accident, and someone is subsequently trapped when one of those shafts collapses (which, for the sake of the mine's marital happiness, hopefully takes more than 5 minutes), the mining company could probably be held negligent.

Given the fact that these incidents had been happening for some time, I don't think it's odd to characterize the sort of thing that happened to Ms. Ogburn as a workplace danger--at least in the fast food industry. McDonald's appears to have been aware of the danger, but didn't take appropriate steps to ensure that workers were aware of this kind of hoax, and that managers were not only aware, but trained not to comply with bizarre requests from a supposed law enforcement officer over the phone.

I'm not sure why Summers got an award, either, (and I also hope Thalia will enlighten us), but one thing I am sure about is that her fiance needs to go away (not necessarily to prison, depending on his mental capacity) for a lot longer than 5 years. The man is a proven danger to society, whether he's a sociopath, incapable of normal intellectual function, or just your garden variety rapist.

In regione caecorum, rex est luscus.

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Re: Jury Awards Supersized Justice

pO157.

Tue Oct 09, 2007 at 03:59:58 AM EST

none

The man is a proven danger to society, whether he's a sociopath, incapable of normal intellectual function, or just your garden variety rapist.

I agree to an extent with your post, especially this sentence.

However, I really wonder if all the training in the world would really help people who don't have the common sense to think "is this legit?" when they get a call from a "cop" who says they have to strip search some random 18 year old girl --- and are there any dudes we can get in on the action?

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Re: Jury Awards Supersized Justice

dzetetes.

Wed Oct 10, 2007 at 12:21:25 AM EST

none

However, I really wonder if all the training in the world would really help people who don't have the common sense to think "is this legit?"

Probably not, but if I were a juror, I'd be much less inclined to hold McDonald's liable if they had made a good faith effort to train their managers to call the local police department and get a uniformed officer in the store in the event of a phone call like this.

While I'm tempted to simply pronounce the manager as dumb as a box of rocks and call it a day, I honestly don't know what mixture of stupidity, ignorance, negligence, and callousness worked together to inspire her actions (or lack thereof).

In regione caecorum, rex est luscus.

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Re: Jury Awards Supersized Justice

DEMachina.

Tue Oct 09, 2007 at 04:30:01 PM EST

none

The basic principle here is called respondeat superior ("let the master answer"); it comes from the days when tradesmen had to answer for what their apprentices did.  If someone is acting within the scope of employment, you can pretty much always sue the company in addition to the individual.  It's also known, in slightly more cynical circles, as the "deep pockets" principle, i.e. McDonalds has way more money to give this girl than the manager does.  You see this pretty much any time a personal injury suit happens around something someone did while they were at work (e.g. slip and fall cases, that kind of thing; it happens in sexual harassment suits too, I think).

I'm really surprised the manager was given anything; he was the one who couldn't figure out that this was a hoax.  Sure he probably felt like an asshole afterwards, but I don't see why he should be able to recover for that when he was the one who did the deed.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

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Re: Jury Awards Supersized Justice

ms sue.

Tue Oct 09, 2007 at 05:00:56 PM EST

4.00 (informative)

Just an FYI: The manager is a woman.

3

It could have been worse

Lou.

Mon Oct 08, 2007 at 10:10:49 AM EST

none

They could have spilled hot coffee on her too.

It's the end of the world as we know it, and I feel fine

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