Case 29.1 Agency: Bosse v. Brinker Restaurant Corptation, d.b.a Chili's Grill & Bar:
Web 2005 Mass. Super Lexis 372 (2005) Superior Court of Massachusetts
Web 2005 Mass. Super Lexis 372 (2005) Superior Court of Massachusetts
Chili's is owned by Brinker Restaurant Corporation. A Group of four teenagers decided to eat at Chili's restaurant in Dedham, Massachusetts. The cost of the meal was approximately $56 and the teenagers decided to dine and dash. A supposedly patron of Chili's saw the teenagers leave without paying and decided to follow them which turned into a high speed car chase through the side streets of Dedham. The supposed patron used his cell phone to call the Chili;s manager and the manager called 911 and reported the dine and dash and the location of the car chase. The teenagers' car crashed into a cement wall, leaving two of the four, Brendan Bosse and Michael Griffin were seriously injured. Boss and Griffin decided to sue Chili's for compensation of damages. They argued that the patron indeed was an agent of Chili's in which Chili's was liable based on respondent superior that holds a principal liable for the act of its agents. Chili's filed a motion for summary of judgement, saying that the patron was not its agent.
Decision: The evidence was insufficient to prove that the patron was Chili's agent. The Superior Court granted summary of judgement to Chili's
Decision: The evidence was insufficient to prove that the patron was Chili's agent. The Superior Court granted summary of judgement to Chili's