Chambers-Johnson v. Applebee's Restaurant, 101 So. 3d 473

Ms. Johnson sued Applebee’s Inc. after allegedly finding a finger tip in a salad at the Clearview Park restaurant.
Defendants included the franchisor Applebee’s Inc., the franchisee Southern River Restaurants, LLC, and two restaurant managers.
Applebee’s moved for summary judgment arguing it had no employees or duties at the restaurant and that SRR owned and operated the location on the date of the incident.
Applebee’s submitted the Havrilla affidavit stating SRR employed all staff and that Applebee’s did not train, supervise, or maintain the restaurant or its food products.
Ms. Johnson opposed, arguing the franchise agreement showed Applebee’s dictated standards and training; she relied on Walcott’s deposition regarding expeditor procedures.
The trial court granted summary judgment in favor of Applebee’s, and Johnson appealed the decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty of franchisor to patron	Johnson argues Applebee’s set standards and training.	Applebee’s contends it did not own or operate the restaurant or employ staff.	No duty established; summary judgment affirmed.
Evidence that Applebee’s standards were deficient	Johnson asserts deficient standards caused contamination.	There is no evidence the standards or training came from Applebee’s or were deficient.	No genuine issue; no proof of deficient standards.
Timeliness of the summary judgment motion	Motion was timely; issues exist precluding summary judgment.	Trial court had discretion; delays mostly by plaintiff.	No abuse of discretion; summary judgment proper.

Porteous v. St. Ann’s Cafe & Deli, 713 So.2d 454 (La. 1998) (food provider duty to remove injurious substances)
Lemann v. Essen Lane Daiquiris, Inc., 923 So.2d 627 (La. 2006) (duty analysis for negligent actions)
Callis v. Jefferson Parish Hosp. Service, Dist. #1, 975 So.2d 641 (La.App. 5 Cir. 2007) (summary judgment burden-shifting framework)