Faverty V. Mcdonald's Case Study

484 Words1 Page

Faverty v. McDonald’s Restaurants of Oregon, Inc. 892 P.2d 703 (Ct. App. Or. 1995) Parties: Plaintiff(s): Mr. Frederic Faverty Defendant(s): McDonald’s Restaurants of Oregon, Inc. Facts: Matt Theurer was an 18 year old high school senior and a member of the National Guard. He is employed by McDonald's, the defendant. Matt's manager knew Matt had to drive about 20 minutes to and from work. Matt was scheduled to work a shift at McDonald's from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988. He was also given a voluntary opportunity for a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 which he accepted. Matt worked all of his assigned hours, including the voluntary shift. After the last shift was complete, …show more content…

Thus, the defendant was charged with negligence by making its employee work unreasonably long work hours when the manager knew his employee, Matt, might be risking his and others' life in danger by driving back home from work after his long shift. Thoughts: The manager at that McDonald’s restaurant, the defendant, knew Matt had to drive a long way to and from work. Even though this information was known, the manager gave an opportunity to Matt to work a cleaning shift between his regular shifts. My thoughts are that the manager should not have given the opportunity to Matt on the first place as the manager knew Matt was already working from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988 and had to drive 20 minutes to and from work. Adding a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 made Matt’s working hours excessively long. By the end of his shift, it is obvious that Matt is over worked and not in a condition to drive back. This lack of judgement from the manager eventually lead to the accident and death of Matt, and massive injury to Frederick M. Faverty, the plaintiff. Due to this lack of judgement, I think the verdict against McDonald’s to pay $400,000.00 to the plaintiff is

More about Faverty V. Mcdonald's Case Study

Open Document