In November 2008, McDonald’s customers Phillip and Tina Sherman sued McDonald’s Corp., Matthews Management Co., owner of the McDonald’s franchise in Fayetteville, and Aaron Brummley, manager at the restaurant, alleging that an employee uploaded nude photos to the internet from their cell phone which they had accidentally left at the store.
In April, a judge refused to dismiss the case. Now, in the latest round in court, the defendants have filed a motion for a third-party complaint against Cody Hess, claiming that if nude pictures were posted on the Internet, that they were published by him. They continue to argue that they should be dismissed from the case because even if the Sherman’s prevail, the franchise’s employee’s actions were beyond the scope of his employment and a franchisee’s responsibilities to customers who lose their belongings.
[Corrected to delete erroneous name]