DONAHUE & ASSOCIATES, LLC is proud to announce that Timothy P. Donahue and A. Donald Scott, Jr. successfully defended a lawsuit against McDonalds Corporation and its franchisee, CLP Corporation.  In Eads v. McDonalds, et al., the plaintiff claimed that she sustained injuries after she was hit by a vehicle exiting the drive-thru at the restaurant.  The driver of the vehicle, also a defendant in this action, claimed that he was blinded by the sun and did not see the plaintiff.  The plaintiff claimed that McDonalds and CLP had a duty to keep the premises free of danger and/or warn invitees of any potential danger. The case was tried before the Honorable Hewitt L. Conwill, who ruled that the plaintiff failed to provide evidence that McDonalds and CLP breached any duties to the plaintiff.  Although a landowner is required by law to keep their premises reasonably safe and to warn invitees of known dangers, there is no duty to warn invitees from dangers that are open and obvious.  Additionally, on the issue of negligence, the jury returned a verdict in favor of the driver.  The plaintiff appealed the Court’s ruling and the jury’s verdict to the Supreme Court of Alabama who affirmed the defense verdict without opinion.

DONAHUE & ASSOCIATES, LLC is proud to announce that Timothy P. Donahue, Jr. successfully defended a lawsuit against CLP Corporation, a franchisee of McDonalds Corporation.  In Ronnie Wabbington v. CLP Corporation, the plaintiff claimed that he sustained injuries after he slipped and fell in a puddle of water inside a McDonalds’ restaurant.  Mr. Donahue filed for summary judgment and presented evidence that the water complained of by the plaintiff was an “open and obvious danger” and that the plaintiff testified that he not only saw the water prior to falling, but also saw the warning sign posted by employees of the restaurant prior to his fall.  Plaintiff argued that CLP had a duty to keep the floors clean and dry.  After oral argument, the Court agreed that CLP did not breach any legal duty owed to the plaintiff and summary judgment was granted.