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Old Woman Gets BODYSLAMMED at Popeye's for Maybe Being Racist

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  • #61
    Yes, to be specific it will fall primarily on the franchisee. And yes, the woman's lawyer (I do guess we're all assuming she is going to retain one) will name Popeye's corporate in the suit. Then there's the question of how big is the franchisee. If they're a major revenue driver for the franchisor, well, you don't want to piss off your biggest clients.

    There are other factors, like if there's contributory negligence in the state, etc. I don't know where this happened and probably don't know shit about that state's law.

    But no matter how you shake it, neither Popeye's not the franchisee want this going to trial in an era of inflated judgments.

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    • #62
      Originally posted by KUGDI View Post
      Yes, to be specific it will fall primarily on the franchisee. And yes, the woman's lawyer (I do guess we're all assuming she is going to retain one) will name Popeye's corporate in the suit. Then there's the question of how big is the franchisee. If they're a major revenue driver for the franchisor, well, you don't want to piss off your biggest clients.

      There are other factors, like if there's contributory negligence in the state, etc. I don't know where this happened and probably don't know shit about that state's law.

      But no matter how you shake it, neither Popeye's not the franchisee want this going to trial in an era of inflated judgments.
      Tennessee. I would think Popeye's corporate could get out of this on a motion to dismiss (or whatever Tennessee calls it) with minimal fees, unless the plaintiff pulls off some absurdly creative pleading (more creative than I could imagine, at least with 30 seconds of thinking). Given that, I wouldn't advise Popeye's corporate (i.e. their parent, RBI) to settle for anything over $40-$50K. Not to mention the lay public views settling as a tacit admission of guilt, and there would be some non-negligable amount of fees involved in just settling. Factoring that, I wouldn't advise settling for anything more than about $30K. Over that, it's likely worth it for RBI/Popeye's to get a judgment on the merits. Of course, they may view things differently.

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      • #63
        This is on the franchisee and their insurance. The franchisee’s policy will list Corporate as an additional insured and defend them accordingly. Wouldn’t be surprised if this one settled for over $1MM.

        I deal with this stuff for a living and these General Liability lawsuits have gotten pretty crazy high settlements lately. I had one of my clients just settle for $16MM and they were lucky it settled for that.

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        • #64
          RBI? You mean RETIREE BEATERS INC!?!

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          • #65
            I was watching cheers the other night. The episode where Dianne slaps Sam, then he immediately slaps her back. In those days, this wasn't controversial. Now you'd be excoriated for that. But I feel like maybe this is the exact type of situation where just a nice open hand smack would have done the trick and even if resulted in charges, probably would have been thrown out by the judge. But , yeah body slamming and breaking bones. Never acceptable.

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            • #66
              Originally posted by LARPHawk View Post
              ]I get satisfaction from the lady getting her ass kicked. I specifically said I wish she hadn’t gotten her bones broken.

              Go back and pull the posts if you want. There are only so many ways for me to say the exact same position I’ve had the whole time. I don’t think the guy was justified, I don’t think he should have done it, I’m not glad he did it, I do think it’s nice to see an asshole get beat up even if they shouldn’t have been, the severity of her injuries is the only thing that keeps this from being an absolute knee slapper of a comedy video.
              Yikes.

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              • #67
                Cunty is the word that comes to mind.

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                • #68
                  Originally posted by WolfShirtSophomore View Post
                  I was watching cheers the other night. The episode where Dianne slaps Sam, then he immediately slaps her back. In those days, this wasn't controversial. Now you'd be excoriated for that. But I feel like maybe this is the exact type of situation where just a nice open hand smack would have done the trick and even if resulted in charges, probably would have been thrown out by the judge. But , yeah body slamming and breaking bones. Never acceptable.
                  Remember the good old days when guys didn’t get in so much trouble for hitting women?

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