McDonalds Sued in Hoax/Sexual Assault Case

In Shepherdsville, Kentucky, McDonalds is facing a tort action that may be unique in the annals of the law involving a hoax, unlawful imprisonment, and sexual assault. Lousie Ogborn worked at McDonalds when she was 18 in April 2004. She received a hoax call from a man who claimed to be investigating a theft. During a 3 ½ hour search, the assistant manager Donna Jean Summers asked her boyfriend to take over. Ogborn was convinced to perform sex acts on herself and the boyfriend, Walter Nix Jr. – which were captured on the security camera.
Summers was convicted of unlawful imprisonment and Nix is serving a 5-year sentence for sexual abuse and other crimes. David Stewart, was acquitted last year on charges of impersonating an officer, soliciting sodomy and soliciting sexual abuse in the incident.
She is arguing that McDonalds was aware of other such calls and should have warned employees. Or, as her counsel explained, “They get the word out when there is a McRib special. They get the word out on how to detect a counterfeit bill. They certainly can get the word out on that.”
Of course, there remains the problem that most mentally competent people would have realized that there was something amiss when the inquiry moved to the strip and sexual stages. It is a case that shows how criminal and torts actions will often follow each other. Usually, as with O.J. Simpson, the different standards that apply (beyond reasonable doubt vs. preponderance of the evidence) makes the tort action easier to win. However, in this case there remains huge questions of the contributory negligence of the victim and the low likelihood that anyone would fall for such a scam to this degree. Moreover, under the doctrine of respondeat superior, an employer is generally (but not always) excused from vicarious liability for conduct that is criminal or for intentional torts. Such matters fall outside of the scope of employee. There are exceptions. This limitation is why it is important to establish direct negligence rather than vicarious liability in this case: to wit, McDonalds failed to inform all stores that hoax calls had occurred.
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One thought on “McDonalds Sued in Hoax/Sexual Assault Case”

  1. You have got to be kidding me if you are saying that Summers and Nix took advantage of an employee like that, had her stripe, slapped her repeatedly on the bare butt, had her perform sexual acts on herself as well as on Nix. These people are purely evil and purely sick. I’ll tell you one thing, if I had someone call me and said to do all that stuff, I sure as hell wouldn’t be doing it…. why would Nix and Summers think they had to do what the caller was telling them to do???…. because he said he was a cop???… did they honestly think a cop would tell them to have an employee get naked, and jump up and down and that they should slap her on the bare butt for 10 minutes, and then perform sexual acts???? … OMG, you can’t be serious. These people got off with very light sentences. And then to have a court ask the victim ‘why’ SHE ALLOWED all this to happen?? Are you people out of your freakin’ mind!!!????… Ogborn had NOTHING to do with it!!!! Stewart, who is an absolute freak, and should be lined up with Nix and Summers and shot…. should be locked up for life, but he won’t be, and watch your children if he is ever around them, if he will pull off a stunt like this one, he will do anything for sexual gratification, sick sick sick. And I can’t believe that Nix wouuld actually think that a police officer would tell him or Summers to do the things he did……..seriously, how stupid can you be? I have had a phone call from someone posing to be a police officer, and I knew right away, this is NOT how police who are conducting any kind of official investigations operate. I can not believe that Nix and Summers would be so stupid. What police official would tell you to have an employee stripe, and then slap her around for 10 minutes, and then perform sexual acts?????
    Worse yet, knowing that there was a security camera in the office, so I guess that really says it all, Nix and Summers are totally stupid and evil.

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