McDonald's Not Dismissed From Nude Photo Case... But It Can Sue Its Own Employee Too

from the everybody-pile-on-now dept

Last month, we wrote about McDonald's attempt to get dismissed from a lawsuit involving a McDonald's employee who is accused of uploading naked photos found on a phone that was left at the fast food joint. Apparently, the company hasn't been dismissed from the lawsuit, but Michael Scott points out that the court has said that McDonald's can sue the employee in question over the matter for any damages. The court appears to have said that because a McDonald's employee promised to safeguard the phone, it became the company's responsibility -- but the fact that the employee was then negligent allows McDonald's to separately sue the employee for any damages.

Filed Under: camera phones, liability
Companies: mcdonald's

McDonald's: If An Employee Uploaded Nude Photos From Found Cameraphone, Sue The Employee, Not Us

from the would-you-like-fries-with-that dept

Late last year, we wrote about the odd case where a guy sued McDonald's over the fact that naked photos of his wife appeared online. Apparently, he had left his phone at a local McD's, and now claims that an employee uploaded the photos. As we pointed out in the original post, we had a lot of trouble believing that McDonald's, the company, should in any way be liable. What if the phone had been found by a random other customer? The situation could have been exactly the same, but would the restaurant have been liable? It appears McDonald's is making exactly that argument. Michael Scott points out that the company has made it clear that, if anything was done wrong here, and it was done by the employee, it was done well outside the scope of employment and it makes no sense for the company to be responsible for it.

Filed Under: camera phones, liability
Companies: mcdonald's