Defense Wins!

On April 30, 2010, LWDN attorneys Chris Brown and Brad Burnette successfully defended a third party assault case before a jury of twelve in Union County (TN) Circuit Court.  The plaintiff alleged that he was assaulted by an unidentified customer in the parking lot of a fast food restaurant.  The customer followed the plaintiff out of the restaurant into the parking lot after hearing the plaintiff "having words with" one of the restaurant's employees about his order.  The plaintiff claimed that the restaurant, through its employees, negligently failed to protect him from the assault.  At the close of the plaintiff's proof, Judge John McAfee granted the defense's motion for a directed verdict, finding that the restaurant owed the plaintiff no duty in such a situation and that the claim should therefore be dismissed.