Mar 312010
 March 31, 2010  Posted by  Breaches, Business, Court

It was a case that started in 2008 when Phillip and Tina Sherman sued a McDonald’s after nude photos on their phone were uploaded to the Internet after they accidentally left the phone at the restaurant.  The Sherman’s had realized their error and called the restaurant, and the manager had allegedly assured them that the phone was there and would be secured until they picked it up.  When the court refused to dismiss the lawsuit, McDonald’s successfully moved to get the employee sued in the lawsuit.  Not surprisingly, the employee then moved to get the suit against him dismissed.    Now Matthew Heller reports:

Court records indicate that McDonald’s Corp. (NYSE: MCD) and a franchisee have settled a $3 million lawsuit in which a customer said nude photos of his wife were copied from a cell phone he left in a McDonald’s restaurant.

Phillip Sherman’s unusual negligence case alleging McDonald’s employees breached a duty to “protect and secure” the contents of his phone was set for trial last week in Washington County (Ark.) Circuit Court. But On Point has learned that a judge signed dismissal papers Feb. 26.


Sherman’s attorney declined to comment on the settlement and a McDonald’s spokeswoman did not respond to a request for comment.

Read more on OnPoint News.

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