Thorpe Shwer Wins Summary Judgment for Franchisor Client

Thorpe Shwer attorneys Brad Shwer, Nicole Stewart, Mitch Fleischmann, and Jamie Gill Santos obtained summary judgment in the Superior Court of Maricopa County, Arizona on behalf of a national franchisor in the massage industry. Plaintiff alleged that Thorpe Shwer’s client was vicariously liable for the sexual misconduct of an employee of an independently owned and operated franchise location. Plaintiff also alleged that the franchisor client was negligent in the hiring, training, and supervision of that employee. Finally, plaintiff advanced a premises liability argument against the client. After several years of litigation, the court granted summary judgment in favor of Thorpe Shwer’s client on all claims, finding that the franchisor could not be vicariously liable for the conduct of a franchisee’s employee and that the franchisor was not otherwise negligent in any respect.