HARRIS et al v KFC U.S PROPERTIES, INC.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 10-3198 (E.D. Pa. Jun 18. 2012)

Introduction A KFC employee name Henry pistol whipped and assaulted a customer

Harris during placing an order for chicken special in the KFC in Philadelphia.

plaintiff : Edward Harris (Harris)defendant : KFC U.S PROPERTIES, INC. (KFC).

When and Where?3rd October 2007

approximately around 8:00pm

to 9:00pm

KFC restaurant located at 716 Adams Avenue in Philadelphia

Issues or problems in the case

• Henry already had two criminal charges and convicted.

• Harris claims that KFC have failed in making a proper and sufficient investigation on the employees before they hire the employees.

• Henry had a tendency for violence was not known by the KFC.

• Henry was not acting within the scope of the employment in the KFC as he have assaulted Harris and it was shocking and unrelated to his duty on the job.

Relevant laws used in the case. •RESTATEMENT (SECOND) OF AGENCY § 228 •RESTATEMENT (SECOND) OF TORTS § 317•RULE 56

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Group Judgement • KFC IS NOT LIABLE ON HENRY’S ATTACK AS KFC COULD NOT HAVE

KNOWN HENRY HAD THE TENDENCY TO BEHAVE OF VIOLENCE DUE TO THE FACT THAT HENRY’S PRIOR ARRESTS WERE BURGLARY AND OTHER NONVIOLENT OFFENSES.

• FOR THE ATTACK ON HARRIS, HENRY WAS FOUND GUILTY AND SENTENCED TO 2 TO 4 YEARS IN PRISON AND ANGER MANAGEMENT.

• HENRY IS NOW IN STATE’S PRISON FROM 5 TO 10 YEARS FOR UNRELATED ARMED ROBBERY THAT HE HAD COMMITTED IN APRIL 2008

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