Miller v. McDonald’s Corp. (1997)

Miller v. McDonald’s Corp.
150 Or.App. 274, 945 P.2d 1107  (Or.App.,1997.)

Facts: Patron of fast food restaurant operated by franchisee (3K Restaurants), who had discovered foreign object in her food, sued franchisor. The Circuit Court, Multnomah County, Eric J. Neiman, J. Pro Tem., granted summary judgment to franchisor on basis that it did not own or operate restaurant.

Issue: Whether there was evidence that would permit a jury to find McDonald’s vicariously liable for those injuries because of its relationship with 3K Restaurants?

Holding: Yes. Patron appealed, and the Court of Appeals, Warren, P.J., held that factual issues as to whether actual or apparent agency relationship existed between franchisor and franchisee precluded summary judgment.

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