Question: Miller was injured while eating at a McDonald s restaurant The
Miller was injured while eating at a McDonald’s restaurant. The restaurant was owned privately and operated under a license from McDonald’s. The license agreement gave McDonald’s almost complete control over how the restaurant was to be operated, including designs and color schemes, food preparation, equipment, and inventory controls. Miller sued McDonald’s as well as the restaurant operator, claiming that the operator was in effect an agent of McDonald’s. McDonald’s claimed that the operator was an independent contractor. Who should prevail?
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