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Browning v Pizza Hut, Inc., et al.


We obtained a defense verdict in favor of our clients, a pizza restaurant and its delivery driver. Plaintiffs, husband and wife, alleged assault, battery and infliction of emotional distress, claiming that the delivery driver physically attacked them in the course of the pizza delivery. Defendants maintained that the plaintiffs were the aggressors. Following a four day trial and forty-five minutes of deliberations, the jury returned with a unanimous defense verdict on all claims. The Court had previously granted summary adjudication in favor of the restaurant on all direct claims of negligence, negligent hiring, negligent training and supervision, negligent retention as well as punitive damages. Defendants also obtained a nonsuit on plaintiffs’ claim for punitive damages against the driver. We further obtained an award for costs and expert fees for our defendant clients.


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