Question: Gary McCoy ordered a pizza from a Papa John s restaurant

Gary McCoy ordered a pizza from a Papa John's restaurant. The restaurant was owned by RWT, Inc., a franchisee of Papa John's International, Inc. RWT did business as Papa John's Pizza. Wendell Burke, an employee of RWT, Inc., delivered the pizza and obtained payment from McCoy at his place of business. Burke lingered for almost two hours after being paid, asking McCoy for a job and viewing a hunting videotape. When Burke returned to the Papa John's restaurant, to avoid criticism for being late he concocted the story that McCoy held him against his will. The police arrested McCoy for false imprisonment, which charges were eventually dropped. McCoy sued Burke, RWT, and Papa John's International for malicious prosecution based on Burke's false statements. Does the doctrine of respondeat superior impose liability on the franchisor, Papa John's International, in this case?

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  • CreatedJuly 16, 2014
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