Legal Decision Prompts $2 Million Settlement for Boy Severely Injured by Chicken Kitchen Delivery Driver

Miami, Florida February 1, 2007 – On April 9th, 2004 Plaintiff a young man, 21 while driving his motorcycle, was hit by a Chicken Kitchen delivery car, owned and operated by Juan Carlos Lacroix. Lacroix, an employee of the Chicken Kitchen Franchise located at 11425 SW 40th Street, Miami, failed to stop at a stop sign and hit the young man, causing severe neurological damage and the loss of his right arm.

While the negligence of the driver was clear, a battle ensued over who was responsible – the National Franchisor (Chicken Kitchen USA, LLC) or the Local Franchisee. Chicken Kitchen USA, LLC claimed its franchisee was an independent contractor and therefore was not responsible for their acts and omissions. After a three day jury trial in November 2006 before Judge Bob Scola, the Jury disagreed and found that Chicken Kitchen USA was legally responsible for the acts and omissions of its franchisee, because it controlled or had the right to control the day to day business activities of its franchisee pursuant to its franchise agreement and operating manual. “Winning this issue was important,” said Ervin A. Gonzalez, Attorney for the Plaintiff. “We needed to show that accountability and responsibility come with control, policy and making money. The Franchisor wanted to dodge their responsibilities. The jury decided that was wrong.” The jury decision paved the way for another jury trial to decide the catastrophic injury case.

In January 2007, an appellate court denied the defendant’s writ of mandamus requesting the trial court to take the case off of the trial docket. The decision prompted the defendant to tender the policy limits, resulting in a $2 Million settlement.

The case was tried in Miami-Dade County Circuit Court before a 6 person jury with one alternate.The Plaintiff’s case was handled by Ervin A. Gonzalez. The Chicken Kitchen USA, LLC was represented by Frank Alloca and Bill Davis.