Casey v. McDonald's Corp., No. 16-7124 (D.C. Cir. 2018)Annotate this Case
Plaintiffs filed suit against defendants under D.C. tort law after their son was killed in a drunken brawl outside a bar. The DC Circuit held, based on precedent, that the allegations, if true, stated a claim against the bars under D.C. law. Therefore, the court reversed the district court's dismissal against the two bars. The court also held that the claims against McDonald's were unavailing as a matter of law where plaintiffs could not establish a national standard of care for fast-food restaurants that required McDonald's to have a security guard on duty, to have employees call 9-1-1 at some point during the altercation, and required fast-food restaurant employees to break up or prevent fights between drunken patrons. Therefore, the court affirmed the district court's grant of summary judgment to McDonald's. The court remanded for further proceedings. The court noted that plaintiffs may pursue both their wrongful death and survival claims against the bars in light of the D.C. Wrongful Death Emergency Act.