Kathy Kendall v. Whataburger
1988.TX.41712; 759 S.W.2D 751
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Publisher Description
Appellant and a group of her friends stopped at a Whataburger restaurant. Appellant ordered some food, and became dissatisfied with either the food or the service, or both. She voiced her complaint to Isaac Ervin, a young employee working behind the service counter. Shortly thereafter, appellant was struck in the face with hot grease and a metal french fry basket wielded by Ervin. She subsequently brought suit to recover damages for the wrongful actions of the employee, the vicarious liability of the employer ("Whataburger"), and the negligent hiring and supervision of Ervin by Whataburger.
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