Establishing a franchisor's right of control over a franchisee is crucial to proving vicarious liability in a personal injury case. And at trial over a retired fire chief’s fatal crash with a Domino’s Pizza delivery driver, Mark Avera adeptly countered a defense argument on the purpose behind the pizza giant's franchise restrictions to prove that right of control and win a 7-figure verdict. 

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Orlando, FL— Domino’s Pizza was hit with an $8.97 million verdict Friday at trial over a 2011 crash that ultimately killed a former Florida fire chief. Wiederhold v. Domino’s Pizza, 2011-CA-001589.

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Orlando, FL— Attorneys debated whether Domino’s Pizza is responsible for the actions of a franchisee’s delivery driver accused of causing a 2011 crash that ultimately killed a former Central Florida fire chief, as retrial in the case opened Wednesday. Wiederhold v. Domino’s Pizza, et al., 2011-CA-001589.

Some corporate franchisors try to have their cake (or, allegedly in this case, pizza pie) and eat it too when it comes to independent franchisees. Franchise agreements seek to control the franchisee as if it is an agent, but gain protection from liability that working with an independent entity affords. That independent contractor label can pose a difficult hurdle to holding a corporate franchisor liable for the actions of a franchisee. But, in Weiderhold v. Domino’s Pizza, Mark Avera proved the link to render Domino's Pizza liable for the actions of its franchisee pizza store, and the delivery driver involved in a catastrophic car crash. In the process, he secured a nine-figure verdict. 

Mark Avera delivers the closings at trial against Domino's Pizza over the crash that paralyzed and ultimately killed Richard Wiederhold. Jurors found the pizza company liable and awarded more than $10 million.