Most people are familiar with the McDonald’s “hot coffee” case—if only by reputation. McDonald’s defense in that products liability case was, among other arguments, to blame the 79-year-old woman who brought the case, for causing her own burn injuries as a result of its scalding hot coffee. In Massaro v. McDonald’s, 2022 Pa. Super. LEXIS 320, (Aug. 2, 2022) (Pellegrini, J.), McDonald’s similarly defended against allegations of negligence in a premises liability case by arguing that the plaintiff, a senior citizen, assumed the risk of a violent assault on McDonald’s premises.

Thomas Henry Massaro appealed an order of the Philadelphia Common Pleas Court dismissing his claims with prejudice for lack of legal sufficiency. It was alleged by Massaro that he was continuously harassed and assaulted by a deranged third-party (Gordon) while mentoring a student in a McDonald’s restaurant. His repeated requests for help from the restaurant’s staff had gone unheeded for about an hour. The complaint alleged that Gordon was known to be dangerous by the McDonald’s staff and had interviewed to work there but was rejected because he was known to be violent. Gordon repeatedly threatened Massaro and stated “wait til you go outside” where he would attack him. Massaro alleged that he and the student wanted to leave but knew they were safer in a public area with security cameras. After Gordon left, Massaro attempted to step outside to hail the police at which point a further confrontation occurred, and according to the plaintiff, he suffered a heart attack.

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