Orange County Team Vindicates McDonald's Franchise in Privacy Case

Manning Kass represented McDonald’s franchise in a case where Plaintiff alleged that a photo of her inadvertently exposed breast due to a wardrobe malfunction was posted on the Yelp website following a visit to a McDonald's restaurant very late at night. Plaintiff waited for 20 minutes at the drive through window attempting to place an order and alleged in her complaint that she believed the employees pretended not to be able to hear her and switched their menu without explanation. She was no longer able to place her original order so she demanded to speak to the supervisor about the behavior she felt was unprofessional. The employees refused her request and Plaintiff decided to document this interaction on the McDonald’s Yelp page, where a user replied to her post with the photograph. This interaction gained attention in the media and Plaintiff was “forced” to leave her job as co-workers began to ask questions.

Plaintiff first filed her law suit for four causes of action: (1) Invasion of Privacy, (2) Negligent Hiring, Retention, and Supervision, (3) Intentional Infliction of Emotional Distress, (4) Negligence Per Se. After over two years of countless depositions, discovery, Independent Medical Examinations, and mediations, the team, led by Orange County office Managing Partner Sean Dowsing and Associate Victoria Trepany, filed a motion for summary judgment on all four counts even though the client was considering a seven-figure settlement offer out of fear the attention a trial would bring to their brand and image. After conducting oral arguments under submission in civil court, Defendant’s motion on all four causes of action was granted.

About Our Team

Sean Dowsing is the leader of the Construction Law and Subrogation and Recovery teams, and a member of the ADA Compliance Litigation, Land Use, and Professional Liability teams. He advises owners, contractors, subcontractors, and architects/engineers in transactional matters and litigation. His litigation practice includes defects, breach of contract, changed conditions, delays, subrogation, and professional liability. Mr. Dowsing regularly publishes articles for the Orange County Lawyer, Construction Claims Magazine, and Under Construction.

Victoria Trepany is a member of the Insurance Coverage / Bad Faith team. Ms. Trepany has extensive Civil Litigation experience in federal court, defending governmental entities. She has assisted clients within a multitude of practice areas including civil rights, wrongful death, personal injury, negligence, and employment law.