Aug. 8, 2025
Judge tosses suit over McDonald's drive-thru dispute, Yelp photo
Judge Gary Y. Tanaka ruled a McDonald's franchisee cannot be held vicariously liable for an ex-employee's alleged Yelp post showing a customer's exposed breast, finding the conduct unforeseeable and outside the scope of employment.
A Los Angeles County judge has tossed a lawsuit against a McDonald's franchisee over a drive-thru dispute that spilled onto Yelp, where a customer claimed a former employee posted a photo exposing her breast.
Judge Gary Y. Tanaka ruled the conduct was unforeseeable, outside the scope of employment, and could not make the restaurant vicariously liable, ending the case before trial.
"The Court agreed that malicious conduct done outside of the workplace, even if the...
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