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Posted on 10/27/2011 6:08:33 AM PDT by ConservativeStatement
The family of the Boston pizza deliveryman who was killed during a dinner drop-off has filed a $15 million negligence and wrongful death lawsuit against Domino’s Pizza and Deutsche Bank.
“At the time of Richel Nova’s death, Domino’s had no policies posted in and around the store regarding delivery driver security,” Boston lawyer Howard J. Wayne states in the civil complaint he filed last week in Suffolk Superior Court.
(Excerpt) Read more at bostonherald.com ...
The trial-lawyer-scum may soon get twisted in knots over such things. Traditionally, business owners and their liability carriers have really frowned upon employees defending themselves, or even having the means to do so, but a few suits like this may prompt a re-look of such policies.
Roughly fifteen million pizzas with two toppings and a coke.
My take of the case is that it aims for absence of company policies about only front door delivery; may not enter the house or building, etc. I don’t see a suggestion that deceased was dead because of company policy against possessing a firearm for self-defense.
I bet a lawsuit like this could not - or would not - be brought in Texas.
Perhaps not in this specific case, but probably sooner rather than later, somebody’s employee will be mugged, robbed, beaten, stabbed or shot, and the employer’s policies against self-defense will be examined in detail. The dots will be all too easy to connect, particularly if it’s an employee that has to work in rough neighborhoods and had communicated his/her concerns to the employer prior to the incident.
"Do you want your mail guy or delivery guy carrying a loaded gun when he comes to the door?" asks Patty Sullivan, a Pizza Hut spokeswoman. "What if he's not happy with his tip?"Workers and Employers Square Off Over Guns - Asbury Park Press
Ahhh, for the case in hand, here is more information ...
An attorney said Wednesday that Nova's son and estate administrator, Irving Lara, alleges in a lawsuit that Domino's failed to post delivery driver security instructions and should have known that accepting a customer's request to send a driver to the back of a home created a higher risk of criminal assault.$15M lawsuit in Boston pizza delivery killing - Ventura County StarThe lawsuit also alleges New York City-based Deutsche Bank failed to secure the vacant building from criminal use.
Well, didn't find any case where relative of deceased, or an injured deliveryman, made an argument about being deprived of self-defense. I think there are cases where fired employees sued for their jobs, and the right to be armed. My guess is the courts find no right to a job, as a matter of law, and that's that.
True enough, but OSHA and parallel state regulatory agencies are very clear about an employer's duties to minimize/mitigate occupational hazards.
I would carry anyway,
and if I got fired from the job,
it would be because I had to use my weapon in self defense,
in which case the choice would be lose my life or lose my job. Easy decision.
Yep. Sooner or later for some jobs, a firearm should come to be regarded as a piece of safety equipment. Employers should be held just as accountable for any death or injuries resulting from preventing an employee’s inability to protect himself, as if they prohibited the employee from using safety goggles, hearing protection, steel-toed boots etc.
“My guess is the courts find no right to a job, as a matter of law, and that’s that.”
Here in Texas, you can terminate an employee without giving a reason; however, if you fire for cause, it must be “good cause” and the employer has the burden of proof at any administrative or judicial proceeding.
Domino’s prohibits its employees from defending themselves. Lawsuits like this should help to persuade the company to drop its anti-Second Amendment policies. The value of a person’s life shouldn’t be dictated by the corporate bottom line.
Exactly. Its settled American law since the 19th Century that government has no obligation or duty to protect particular individuals. Now a company has the right to prohibit workers from carrying in the workplace but if you’re injured or die as a result of that policy, it can and should be held accountable. There’s no right to a job but if you have one, there are reasonable expectations to have from the employer, among them, being able to lawfully defend yourself from a threat on your life.
Trial lawyer scum need to suffer severe repercussions for even filing bullsh!t cases like this.
Until they do, our entire country (not just “rich” corporations) pays the price for this nonsense.
That means me. That means you.
Companies that prohibit employee self defense should be held accountable. Dominos should pay the $15 million.
I would contend that a policy denying the drivers the right to concealed carry would be grounds for a lawsuit.
Except I’d likely have included the city or state, rather than the bank.
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