McDonalds Round 2

McDonalds Round 2

This is a discussion on McDonalds Round 2 within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Makes sense, you start a fight and get kister kicked and then sue. Woman files lawsuit against McDonald's for fight she started at Greenwich Village ...

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Thread: McDonalds Round 2

  1. #1
    VIP Member Array HKinNY's Avatar
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    McDonalds Round 2

    Makes sense, you start a fight and get kister kicked and then sue.

    Woman files lawsuit against McDonald's for fight she started at Greenwich Village location

    Myika Darbeau, 25, filed papers in Manhattan Supreme Court charging that Rayon McIntosh, 32, used 'unnecessary, excessive and unlawful force' in the October 2011 incident at McDonald's.
    Comments (98)

    By Barbara Ross / NEW YORK DAILY NEWS
    Friday, October 5, 2012, 8:56 PM


    Still frame from video showing incident at McDonald's on West 3rd St. in Greenwich Village in which cashier Rayon McIntosh beats Denise Darbeau after an altercation.

    A woman who admitted she started the violent fight in a Greenwich Village McDonald’s that sent her to the hospital is suing the burger-flipper who gave her a fractured skull.

    Myika Darbeau, 25, filed papers in Manhattan Supreme Court charging that Rayon McIntosh, 32, used “unnecessary, excessive and unlawful force” in the October 2011 incident at 136 W. Third St.


    Myika Darbeau and Rachel Edwards appear at their Supreme Court arraignment in January of 2012.
    Darbeau also is suing the owner of the franchise, charging there was inadequate security and the store never should have hired someone with “brutal, dangerous, vicious propensities.”

    Police originally arrested McIntosh, saying he assaulted Darbeau (who was using a first name of Denise) and her lover, Rachel Edwards, with a heavy-duty grill scraper.

    Rayon McIntosh, the McDonald's cashier who was caught on a cell phone video beating two female customers, appears in court last October, 2011.

    A grand jury refused to indict McIntosh after seeing a video showing that Darbeau and Edwards jumped over the counter and started the fight.

    McIntosh, an ex-con who got out of jail in March 2011 after spending a decade behind bars for killing a friend, was released, but the two women were charged. They pleaded guilty last month to starting the fight and got probation.



    Read more: Woman files lawsuit against McDonald's for fight she started at Greenwich Village location - NY Daily News
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  2. #2
    VIP Member Array joker1's Avatar
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    A decent judge would make paper airplanes out of that and aim for file 13, then bomb the hangar.

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  3. #3
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    Dirtbags have too many rights/options...
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  4. #4
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    I remember the original thread on this, they started it, they got what they deserved, should have been end of story. I agree throw the suit and them out.
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  5. #5
    Senior Member Array Lish's Avatar
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    Unbelievable! I've been on the other side of the counter when an angry customer jumped it - in my case I got the tar beat out of me. When I see a story like this, 'good job' is all I can think regarding the employee, I don't care how badly they injured the instigator - no one should have to take a beating because a customer is a scumbag. Hopefully this will get thrown out...
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    I'm sure the franchise owner, who fired the employee immediately, will settle out of court. That is unless his insurance company refuses to pay. As for the person originally attacked, Rayon McIntosh, unless things have changed. He has nothing, and that is about all she would be able to get from him.

    Truth is she is just looking for an easy payday. What she doesn't realize, the payday is going to be for her lawyer. Once this case is over, he'll find another ambulance to chase down.

    BTW, I have not set foot on a McDonald's since this happened. IMO the franchise owner firing was unjust, and McDonald Corp backed him up on it.
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    I volunteer for that jury duty!
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  8. #8
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    I agree with this^^^^^


    Those two women were well out of hand

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    My lawyer once reminded me that anyone can sue anyone for anything and worrying about some one filing suit against me was a waste of time. Not that they couldn't but that worrying about it was.

    We really need "loser pays" on law suits. If Miss. Darbeau and her lawyer were facing the question of having to pay the court costs and Mr. McIntosh's expenses if she were to lose the case, they might not be willing to file the case unless they were very sure of the outcome. It would stop a bunch of this trash getting to court.
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  10. #10
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    Quote Originally Posted by babarock View Post
    My lawyer once reminded me that anyone can sue anyone for anything and worrying about some one filing suit against me was a waste of time. Not that they couldn't but that worrying about it was.

    We really need "loser pays" on law suits. If Miss. Darbeau and her lawyer were facing the question of having to pay the court costs and Mr. McIntosh's expenses if she were to lose the case, they might not be willing to file the case unless they were very sure of the outcome. It would stop a bunch of this trash getting to court.
    I firmly oppose loser pays
    laws. The standards for winning or losing a civil suit are too thin--preponderance of evidence means only a tad
    more than 50%.

    I do however think judges should however be able and more willing to declare suits as baseless, and on finding such
    fine or otherwise discipline the individual who brought the baseless suit in the first place.
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  11. #11
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    OF course if they do prevail in the suit, I'd like to see the award in the amount of $1.00. The plaintiff would be happy because they won. The defendant would be happy because they could afford to pay the judgement.
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  12. #12
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    Woman files lawsuit against McDonald's for fight she started at Greenwich Village location
    Most states have specific language in the use-of-force statutes that nullify claims of "defense" if the antagonist was the claimant. Basically, you can't claim you were justified in your defense if you started the fight in the first place ... which wouldn't have happened had you not been the criminal.

    Of course, if an utterly devastating, unjustified level of response is inflicted upon the initial assailant, I'd think there's at least some small room for questioning whether it was justifiable. Still, that's one tough sell, and IMO it would have to be crystal clear in order to hold water ... as in, someone takes a single open-hand slap at somebody (and misses), only to have a resulting knee blown off the leg and throat ripped out. Short of that, though, I can't see such a claim by the initial assailant meeting any sort of standard for justifiability. I'm sure the attorney knows this, so I'd think it's got to be a slightly different angle if it hopes to get anywhere.
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  13. #13
    VIP Member Array goldshellback's Avatar
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    This woman's a parasite and she and the ambulance-chaser who took the case are looking for an easy pay-day. I can see the angle that he used excessive force.... barely, but the woman got what she was begging for by her being violent in the first place. I do feel for the convict here, he's outta prison and working (gasp.... a real job) and not, by all appearences, returning 'to a life of crime'. I can see this event pushing him back in that direction though.

    I wish this would get thrown out but I have a feeling it'll get moved forward.
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  14. #14
    Senior Member Array Phillep Harding's Avatar
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    I see no reason to be uncomfortable working beside Rayon MacIntosh. Not related to what I've seen and read, anyhow.

  15. #15
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    Quote Originally Posted by Hopyard View Post
    I firmly oppose loser pays
    laws. The standards for winning or losing a civil suit are too thin--preponderance of evidence means only a tad
    more than 50%.

    I do however think judges should however be able and more willing to declare suits as baseless, and on finding such
    fine or otherwise discipline the individual who brought the baseless suit in the first place.
    While I agree that judges should be able to dismiss, you and I both know that some plaintiffs would then sue because they didn't get their case heard and their rights were violated and it goes on and on. And some would file again and again until they found a judge that would not dismiss.

    The problem I see with your solution is I still have to incur the cost of legal representation and the costs of time off from work and travel to court, etc.

    Somewhere between the mess we have today and where it should be is the right answer. One suspects Miss. Darbeau's lawyer is smart enough to realize the Mr. McIntosh has very little they can get a judgement against so they have to hoping the idea that if you name everyone in the lawsuit, someone will have money. I also suspect they were hoping the owner and McDonalds would settle to make the suit go away (frequently less expensive).
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