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Mary E. Massie, and Cross v. Godfather's Pizza, Inc., and Cross

Citations: 844 F.2d 1414; 1988 U.S. App. LEXIS 4655Docket: 86-1080, 86-1150

Court: Court of Appeals for the Tenth Circuit; April 14, 1988; Federal Appellate Court

Narrative Opinion Summary

This case involves a negligence lawsuit filed by the plaintiff against Godfather's Pizza following a robbery at one of its restaurants, during which the plaintiff was assaulted. The plaintiff alleged that the company's policy on compliance during robberies was not properly communicated, leading to negligent actions by the employee, James Head, that contributed to her injuries. The jury awarded the plaintiff $200,000 in general damages and initially $36,000 in special damages, later reduced to $10,000 by the trial court. Both parties appealed: Godfather's challenged the jury's findings, claiming worker's compensation as the exclusive remedy and denying negligence, while the plaintiff contested the reduction in special damages. The court upheld the jury's findings of negligence under respondeat superior, rejecting Godfather's defense under the Utah Worker's Compensation Act by determining that the plaintiff's injuries were not within the scope of her employment. The court also confirmed the jury's damage award, recognizing the severe psychological impact on the plaintiff and the reasonable foreseeability of harm due to inadequate training and policy implementation by Godfather's. The appeals court affirmed the trial court's decision, maintaining the jury's verdict and damages award.

Legal Issues Addressed

Assessment of General Damages

Application: The court affirmed the jury’s award of $200,000 in general damages, finding it reasonable and reflective of the severe emotional distress suffered by the plaintiff.

Reasoning: The awarded amount was deemed reasonable and not punitive. The plaintiff argued that the trial court erred in reducing the special damage award related to medical expenses.

Duty of Care in Preventing Third-Party Harm

Application: The court found sufficient evidence that Godfather's recognized foreseeable harm and had a duty to the public through its 'robbery policy.'

Reasoning: The trial court found sufficient evidence that Godfather's recognized foreseeable harm and created a duty to the public through its 'robbery policy.'

Negligence Liability under Respondeat Superior

Application: The jury found that Godfather's Pizza and/or James Head acted negligently within the scope of employment, which was a proximate cause of the plaintiff's injury.

Reasoning: Ultimately, the jury found that Godfather's Pizza and/or James Head acted negligently within the scope of employment, which was a proximate cause of the plaintiff's injury, and that the plaintiff was not negligent.

Proximate Cause in Negligence Claims

Application: The court upheld the jury's decision that Godfather's negligence or James Head's actions could have reasonably anticipated the criminal conduct that led to the plaintiff's injuries.

Reasoning: The jury was tasked with determining if Godfather's negligence or James Head's actions could have reasonably anticipated such criminal conduct.

Worker's Compensation as Exclusive Remedy

Application: Godfather's argued that the plaintiff's claim is barred by the exclusive remedy provisions of the Utah Worker’s Compensation Act, which the jury rejected by finding negligence outside the scope of employment.

Reasoning: On appeal, Godfather's argues that the plaintiff's claim is barred by the exclusive remedy provisions of the Utah Worker’s Compensation Act, which protects both employees and employers when injuries occur in the course of employment.