Domino’s Cleared on Delivery Driver’s Murder

     (CN) – After a Massachusetts man ordered delivery, only to kidnap, rob and murder the driver, Domino’s Pizza is not liable, a state appeals court ruled.
     The bizarre crime occurred in Springfield, Mass., after Alex Morales called his local Domino’s at 2:30 a.m. on Dec. 8, 2007, for delivery.
     Delivery driver Corey Lind left to make the delivery but soon returned to Domino’s because Morales had given an invalid address.
     Both the man managing that Domino’s and that manager’s wife called Morales to clarify the address, telling Morales to leave his porch light on and wait outside.
     Lind left again to make the delivery. The delivery driver did not carry a cellphone, and Morales called Domino’s at 3:34 a.m. to say he never received his order.
     The Domino’s manager then spent an hour searching the area for Lind. During that time, Morales called again to cancel his order.
     Morales ultimately confessed to kidnapping, robbing and murdering Lind.
     Lind’s parents, Michael Lind and Lisa Bishop, sued Domino’s for wrongful death, but the Superior Court granted the chain summary judgment on the eve of trial.
     The Massachusetts Court of Appeals affirmed on July 29.
     “We conclude that the plaintiffs failed to establish a genuine issue of fact whether Domino’s either controlled or had the right to control the specific policy or practice that resulted in harm to Corey,” Judge Francis Fecteau wrote for a three-person panel.
     While Domino’s mandated that its store remain open until 1 a.m. on Friday and Saturday nights, it was the local franchise, Springfield Pie, that chose to stay open until 3 a.m., according to the ruling.
     The franchise also had the responsibility of training its employees to deal with assaults and other physical dangers, the court found.
     “Simply put, the harm that ultimately occurred would not have occurred but for the decision by Springfield Pie to send Corey on the delivery in question, despite the possible danger inherent in such a delivery,” Fecteau wrote.

%d bloggers like this: