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Man sues McDonald's over nude photos!

MUGEN :: 無限 2008/11/26 01:30:06
Ridiculous...
It's his right, he deserves it!
Undecided.
None of the above
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A man is suing McDonald's after he left his mobile phone at one of the chain's restaurants and nude photos of his wife ended up online.

The suit was filed on Friday against the chain, the franchise owner, and the store manager, and seeks a jury trial and $US3 million in damages for suffering, embarrassment and the cost of having to move to a new home.

The suit says that Phillip Sherman left the phone in the Fayetteville, Arkansas store in July and that employees promised to secure it until he returned.

Manager Aaron Brummley declined to comment and other company officials didn't return messages.

AP
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Top Opinion

  • W_C 2008/11/26 01:35:55
    Ridiculous...
    W_C
    +12
    It's his own fault for leaving his phone unattended! You shouldn't keep nude photos of anyone on your phone anyway! Too Vulnerable!

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  • steve freedom... 2008/11/26 20:07:22
    steve
    +1
    You are right but you are assuming that he can prove that a McD's employee actually was the one who did this; I would imagine the defense would simply try and say that someone offloaded the pics before the employees got to them.
    But if they know for sure it was a McD's employee than they will be paying out
  • SarahLee 2008/11/26 17:53:14
    Ridiculous...
    SarahLee
    +1
    HA HAHA HAAAAAAAAA!!! Dumbass......who takes pictures of their wives nude on their cell fone anyway? I mean comon....that's retarted
  • lisa 2008/11/26 17:50:09
    Ridiculous...
    lisa
    +1
    He should have never have lost track of his phone in the first place, especially with those photos on it....I think it's hilarious.
  • Outtolunch 2008/11/26 17:46:35
    None of the above
    Outtolunch
    People will sue for anything these days. I think the onus of proof is on the gentleman to prove that it was a member of staff who put the photo's online. As he left his phone lying in a public place where anyone could have lifted the phone and handed it in, I reckon it would be quite hard to prove that it was McDonalds staff who are responsible for the fact his naughty photo's went online.
  • AGPhillbin 2008/11/26 17:38:46
    It's his right, he deserves it!
    AGPhillbin
    Well, I don't know if this suit is actually worth 3 million dollars (at least not without seeing the pics of his wife), but I think he has a case. He didn't give the phone to the manager or staff, he accidently dropped it there. The personnel of the store should not even have looked at the contents of the phone, let alone downloaded anything. While he is only suing civilly, someone may be criminally liable, since the downloading of the photos is an act of theft.
  • Outtolunch AGPhillbin 2008/11/26 17:44:42
    Outtolunch
    But can he prove it was the staff who downloaded the photo's, it could have been a customer in the shop who downloaded them before handing the phone in surely?
  • AGPhillbin Outtolunch 2008/11/26 17:47:57
    AGPhillbin
    That would be something for the cops or an investigator to establish.
  • Mike (the original sodahead... 2008/11/26 17:33:04
    Ridiculous...
    Mike (the original sodahead 'Mike')
    Take nude pictures and expect them to become public. That's the rule.
  • Gobroncos65 2008/11/26 17:24:18 (edited)
  • kaylynbutler 2008/11/26 17:19:05 (edited)
    Undecided.
    kaylynbutler
    I'm Mixed on this one. The manager and owner I feel can be held responsible because you would think they would want to hire employees who are trustworthy and of good character. on the other hand, he should have been responsible enough not to leave his phone in a public place to begin with, or have pics like that of his wife on it if he values her. (I would do permanant damage to my hubby's manhood over that!!) Why didn't he turn around and go get it as soon as he realized he didn't have it? I think it would take the average American about 5 seconds down the road to realize they didn't have their cell phone!! I blame the phone owner and McDonalds. Which McDonalds was it BTW?? I live in Fayetteville, AR!! Scarey!!
  • Sykes! 2008/11/26 17:17:57
    It's his right, he deserves it!
    Sykes!
    +1
    Okay, now they had NO right to go through his phone! Though, as much as he probably shouldn't have kept those photos on his phone, it IS his right to have them. I think the amount of the lawsuit is ridiculous, but McDonalds should get in a LOT of trouble for this!!!
  • lissa Sykes! 2008/11/26 17:34:02
    lissa
    but you dont know that mcdonalds put te pictures up on the internet. maybe someone eating there found it
  • Sykes! lissa 2008/11/26 17:38:07
    Sykes!
    Still doesn't matter. It was in the posession of the employees at McDonald's, and they should have kept it safe. It's their responsibility, since they promised to keep it secure.
  • MUGEN :... Sykes! 2008/11/26 18:33:42
    MUGEN :: 無限
    what if someone (a customer) transfered the pictures to his phone than gave it to the employees?
  • Sykes! MUGEN :... 2008/11/26 18:47:17
    Sykes!
    "The suit says that Phillip Sherman left the phone in the Fayetteville, Arkansas store in July and that employees promised to secure it until he returned. "

    Doesn't matter. McDonald's should be held responsible regardless.
  • MUGEN :... Sykes! 2008/11/26 19:06:29
    MUGEN :: 無限
    do you understand logic? I find your phone at the hotel, i get your SSN and than hand it to the hotel managements. i go and ruin your credit. Anything prior to me handing the phone the the management is none of their fault.
  • Sykes! MUGEN :... 2008/11/26 19:08:46
    Sykes!
    That's different. That's identity fraud.
  • didnotf... Sykes! 2008/11/29 05:14:10
    didnotfallofftruckyesterday
    Sorry, darling. I disagree. You cannot hold the store responsible IF THE POSSIBLILITY EXISTS that another customer could have found the phone, transferred the pics, THEN turned it into the store. The store manager may have very well secured the phone in the store safe as soon as it was turned in. (See my response above.)

    I have another scenario. Could this be a con artist who DELIBERATELY transferred these pics himself, left the cell phone behind, then files a suit against a major company for the $$??
  • Ptown27 2008/11/26 17:08:09
    Undecided.
    Ptown27
    +2
    Undecided. He has the right to sue, but I think $3 million is a little much. I definately think the McDonalds employees should be fired.
  • Bill 2008/11/26 17:03:33
    Ridiculous...
    Bill
    +1
    If he left it on a park bench, would he be right to sue the city? Hell no... The lame
    brain is responsible for his own actions, or lack of.. He could have put them pics
    on the net himself and then set up MD's to pay him for it.. Don't pay him a GD dime.
    Arrest him for false acuzations AND possession of porn.
  • Bico Bill 2008/11/26 19:37:39
    Bico
    Yeah, but if a cop was there, picked it up, and put those pictures on the internet, the police department would be held responsible. That's basically the point, here. The employees had it in their possession and SOMEhow the pics on his phone ended up on the 'net. That's suspect enough to investigate, and it does make the company responsible, as they are responsible for all the actions of their employees who are on the clock.

    Also, he can't be arrested for having nude pictures of his wife. He couldn't even be arrested for having porn. Possession of porn is not a crime unless it's someone underage.
  • Bill Bico 2008/12/03 19:27:41
    Bill
    Yah, yah, my point is - I didn't know Mickey D's had computers!!! I doubt an
    employee would risk taking it home, lest the owner show up to re-claim it and
    it wasn't there.. This whole story smacks of fraud.
  • goodogcarl 2008/11/26 17:03:32
    Ridiculous...
    goodogcarl
    i'm no fan of mcdonald's but this guy is clearly an idiot . . . and is his wife so ugly they had to move out of the neighborhood?

    i think fayetteville, arkansas says it all.
  • Mz.behaven 2008/11/26 17:00:04
    It's his right, he deserves it!
    Mz.behaven
    +1
    1st of all he shoula went right back up ther to get his phone, better yet he shouldn't have left it. But at the same time they shouldn have been going threw his personal stuff and then have the nerve the put it online... that was just dumb on their part
  • FawnArrow 2008/11/26 16:54:21
    Undecided.
    FawnArrow
    From a legal standpoint, I believe it comes down to the Corporate Training Guidelines. As new McDonald's employees, I am sure they went through all company policy. Lost and found is typically covered suring this section of training. If McDonald's has a respectul attitude, they shall own up to the responsibility they "own" for their employees that they chose to hire..... Fire them, and if possible go after them for prosecution. That would publicly seperate them from the bad-do'ers. I believe this will def. be covered during ALL training sessions and handbooks in the future, don't you? Possibly even making employees sign a responsiblity clause to avoid future law suits.
    (and yes, the man IS a jack-ass. I'm surprised the money in the lawsuit isn't to cover a divorce, as well!)
  • Roni 2008/11/26 16:47:23
    It's his right, he deserves it!
    Roni
    +1
    Although, absentminded, this man set himself and his wife) up to be victimized. Who in their right mind takes nude pictures of their wife on a cell phone? Duh!!

    Once the store accepted responsibility for the safety of the phone, they also accepted responsibility of its contents. By their own admission, they had possession of the phone and promised to secure it until the owner came to retrieve it. I think this man has a case, and will prevail in his suit against the store. I also think the man's wife should slap the crap out of him for being such a dumbass!
  • W.J.S. 2008/11/26 16:36:42
    Ridiculous...
    W.J.S.
    His fault--he left the phone in a public place. It was'nt 'nice' to put the photo's online, but they should'nt have been there in the first place.
  • PB 2008/11/26 16:33:20
    None of the above
    PB
    There seems to be a rampant increase in nude photos of a variety of people and in a variety of places, and not just from Hollywood celebrities. The best way to be sure your naked form does not get publicized is to avoid taking pictures in the first place.
  • WereBreakingDawn 2008/11/26 16:29:14
    Ridiculous...
    WereBreakingDawn
    I mean who wants to see naked pictures of someones wife at a restaurant? Plus it might be someone else outside of McDonalds putting them on....like a childhood enemy...or high school enemy!
  • ninja-loving-cookiez 2008/11/26 16:20:56
    None of the above
    ninja-loving-cookiez
    why in the world do u have nude photos of your wige on your phone anywayz??
  • goodogcarl ninja-l... 2008/11/26 17:02:29
    goodogcarl
    especially without it being passworded?
  • Phantom is loved by Stormy! 2008/11/26 16:17:21
    Ridiculous...
    Phantom is loved by Stormy!
    You'd have to be extremely dumb to leave nude pictures in your phone and not expect someone who gets ahold of the phone to not to grab them, let alone look at them. Morally, it's wrong of the employees, but come on now. If your phone isn't high tech enough to have a password system, then you're an idiot for leaving it unattended. Even friends and family would shuffle through your phone.
  • curlysue -"In God We Trust" 2008/11/26 16:13:29
    Ridiculous...
    curlysue -"In God We Trust"
    He should have been more careful with his phone. He knew that those nude pictures of his wife was on his phone. I just wonder if maybe he meant to leave it, hoping that someone would get it and post those picture so that he could get some money out of it.
  • WereBre... curlysu... 2008/11/26 16:30:29
    WereBreakingDawn
    I think your right curlysue....but he is extremely stupid to leave them on! Who sent them to him anyways?!?! Many WOULD assume that his wife would but I dont think so...
  • vic 2008/11/26 16:07:16
    Undecided.
    vic
    They should have held the phone and not been nosey about it!
  • Tweetygirl 2008/11/26 15:59:55
    Undecided.
    Tweetygirl
    I don't know much about it. But it sounds really stupid. Other than that no comment.
  • mikey 2008/11/26 15:56:19
    Ridiculous...
    mikey
    +1
    he shouldn't have left it
  • Sunnshyne 2008/11/26 15:54:39
    Ridiculous...
    Sunnshyne
    +1
    This is the most ridiculous thing I have ever heard of!! Why would he need nude pics of his wife on his phone?! Then leave them behind? Yeah! That was a mistake my ass!! He is trying to get money. I hope the judge throws it out as frivilous!!
  • p31woman 2008/11/26 15:46:16
    Undecided.
    p31woman
    Since McDonald's found his phone and promised to secure it, I would think if the pictures ended up online they do as they promised. Although I think he has a valid complaint, however I think his 3 million dollar lawsuit is a little extreme. If he wins I think he will get much less. The case could probably be settled out of court.
  • Sennae 2008/11/26 15:36:18
    Ridiculous...
    Sennae
    +1
    Really stupid. Why do you need nude photo's on your cell phone anyways?You got your wife anyday.

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