6. Ward Manufacturing, Inc., decided to construct a casting facility on its property located in Blossburg, Pennsylvania. Ward entered into a written contract with Welliver-McGuire, Inc. Under the terms of the contract, Welliver agreed to indemnify Ward for any and all claims for bodily injury and property damage arising out of the performance of the work identified in the contract. Welliver assumed control, possession, and responsibility over the construction site throughout the project. Ward did, however, maintain an on-site representative to act as liaison and monitor the status of the project. Ward also had a safety representative on-site periodically to inspect the work site. Jonathon Olin worked as a carpenter for Welliver. Olin, while engaged in surveying activities on the Ward construction site, fell into an unbarricaded excavation pit allegedly working at the McDonald's, and she quickly became involved with Mabin, who provided her with free food, alcohol, and drugs (including ecstasy) and kissed her openly in the workplace. Just before the girl's 16th birthday, Mabin took her to a motel where they spent the night and engaged in sexual intercourse. The girl and her family later brought suit against McDonald's Corporation on the basis that McDonald's Corporation was the principal to Roberts through apparent agency. McDonald's Corporation was supposed to be a business with a wholesome reputation and safe workplace, but instead the minor was taken advantage of by her assistant manager. The girl argued for apparent agency with McDonald's as the principal because she claimed that as far as she was concerned, she worked for McDonald's Corporation, not just the franchise. She had McDonald's logo on her uniform, her paycheck, and restaurant products. However, the application she filled out for employment stated, "I understand that my employer is an independent Owner/Operator of a McDonald's franchise and that I am not employed by McDonald's Corporation or any of its subsidiaries. The independent Owner/Operator of this restaurant is solely responsible for all terms, conditions and any other issues concerning my employment." Was there an apparent agency relationship between McDonald's Corporation and the franchise? Why or why not?

[D.L.S. et al. v. David Mabin et al., 130 Wn. App.94; 121 P.3d 1210 (2005).]

Identify the facts associated with the case and fact patterns.

Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). Provide a judgment on who should win the case - be clear.

Support your decision with an appropriate rule of law.

Be prepared to defend your decision and to objectively evaluate the other points of view.