Domino’s Liable for Franchisee Driver’s Crash
Let’s say you’re involved in a car accident, and you expect the other driver at fault to pay. But the driver lacks adequate insurance.
What additional parties can be responsible to pay for negligence?
Worse, you only have two years to file suit for negligence in PA. Thus, you should name all responsible parties in the same suit. Perhaps you have a claim against the negligent driver’s employer, such as a pizza shop, if its driver caused the accident in the scope of his employment for a pizza shop franchisee.
Can you also make the parent-company franchisor liable, even if it had never directly hired the negligent driver?
Verdict Against Domino’s (the Frachisor)
In CLARENCE DAVID CORYELL v. STEVEN MORRIS, JASON DAWSON, ROBIZZA, INC., AND DOMINO’S PIZZA LLC., a motorcyclist suffered injury due to the negligence of Clarence Coryell and a delivery driver employed by Robizza, a Domino’s franchisee. The Coryells sued both Robizza and Domino’s. Domino’s argued it lacked sufficient control over Robizza’s operations to be held liable. However, the jury disagreed. In fact, it awarded a $2.3 million judgment to a motorcyclist as against the Domino’s franchor. The jury found sufficient evidence of control over the driver. Dominos appealed.
Superior Court Rules Against Domino’s
On January 31, 2025, the Superior Court upheld the jury’s verdict against the Domino’s franchisor. The appellate court reasoned:
“Domino’s used its operating standards to continuously subjugate [its franchisee] Robizza to Domino’s will as to the minutia of the store’s staffing and daily operation far beyond the minimum quality threshold addressed by the product standards . . .
The franchise agreement specified that, rather than merely pay a yearly fee or buy supplies from the franchisor, Robizza was obligated to pay Domino’s a set percentage of Robizza’s weekly receipts. Further, Domino’s retained the right to require Robizza to give it access to Robizza’s bank account to allow Dominos to transfer to itself royalty fees and advertising contributions.”
The Superior court concluded:
“Domino’s control over Robizza, which exceeded mere protection of its brand and trademark, was sufficiently robust and extensive to deem Robizza its servant or agent for purposes of vicarious liability for the negligence of Robizza’s employee.”
Understanding and Injured Party’s Rights
It’s a common misconception that franchisors are automatically shielded from liability simply because a business operates as an “independent franchisee.” If you’ve been harmed, try to ensure that you’re holding all potential parties responsible. Thus, even if your damages appear minimal — and you plan to file suit in small claims court seeking $12,000 or less — it’s crucial to consult with a legal professional before filing suit.
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