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Case Results

Cash Settlement After IHOP Manager Used Force Against Customer

The Situation

After an extended wait for breakfast at an IHOP restaurant, a customer entered the kitchen area to ask about the order. The client acknowledged that customers were not permitted there, but the manager responded by using force to remove the client.

The Legal Challenge and Strategy

Attorney Nicholson distinguished the client's rule violation from the manager's decision to make physical contact. The claim focused on whether force was reasonably necessary when the situation could have been handled without battering the customer.

The Result

The restaurant resolved the case with a cash settlement.

Why It Matters

Entering a restricted area did not give restaurant personnel unlimited authority to use force. The settlement recognized that businesses remain responsible for how employees respond to customers.

Practice area(s): Personal Injury

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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