A man who was shot multiple times while in the drive-thru lane at a Wendy’s restaurant on Chicago’s South Side has sued the fast food chain, asserting they didn’t do enough to protect him from the attack.
On Nov. 9, Vonzell Scott St. filed suit in Cook County Circuit Court against Wendy’s Properties LLC, accusing the chain of “Negligent Security.”
Scott is represented in the action by attorney Michael K. Muldoon, of the firm of Muldoon & Muldoon LLC, of Chicago.
According to the complaint, Scott was in the drive-thru lane at the Wendy’s restaurant at 242 W. Garfield Blvd., in the city’s Fuller Park neighborhood, just north of Englewood, shortly after 3 a.m. on Dec. 31, 2018.
According to the complaint, at that time, “an unknown gunman” opened fire, hitting Scott. In a later filing by attorneys from Wendy’s, it is claimed Scott suffered multiple gunshot wounds.
No court documents yet filed indicate whether Scott was an intended target in the attack.
However, in his complaint, Scott asserts Wendy’s had not done enough to protect him from the attack. According to the complaint, Wendy’s had installed security cameras and bullet proof glass at that restaurant location.
Scott’s lawyers asserted these measures meant Wendy’s “knew that the nature of its business, its hours of operation, the location of its place of business, the configuration of the restaurant, parking lot and drive-through, and prior criminal activity at the premises rendered it reasonably foreseeable that its customers would be the victim of a criminal attack while conducting business on its premises.”
Scott and his lawyers say this meant Wendy’s should have also hired “experienced, professional and competent security guards” to keep watch over the restaurant’s grounds “protect its customers from an unreasonable risk of harm.”
They said this means Wendy’s should be held liable for Scott’s injuries suffered in the attack.
Scott is seeking unspecified damages, of more than $50,000, according to the complaint.
Wendy’s has not yet filed a defense in the case or replied to the allegations of the lawsuit.
However, the company on Nov. 18 filed to remove the case from Cook County to federal court in Chicago. Wendy’s, which is based in Ohio, said federal court is the proper venue, since it involves a complaint filed by an Illinois resident against an out-of-state corporation.
Wendy’s is represented in the action by attorney Bradley J. Smith, of the firm of Keefe Campbell Biery & Associates LLC, of Chicago.