Thursday, May 23, 2013
Thursday, May 23, 2013

No golden egg for customer suing KFC over pistol-whipping

Kentucky Fried Chicken, purveyor of "finger-lickin' good" poultry, is not responsible for the ass-kickin' bad service an employee provided an indecisive customer in 2007, a federal judge has ruled.

74 comments

No golden egg for customer suing KFC over pistol-whipping

POSTED: Monday, June 25, 2012, 9:53 AM

Kentucky Fried Chicken, purveyor of "finger-lickin' good" poultry, is not responsible for the ass-kickin' bad service an employee provided an indecisive customer in 2007, a federal judge has ruled.

Edward L. Harris of East Oak Lane sued the chicken chain in September 2009 after employee Michael C. Henry pistol-whipped him when he couldn't make up his mind which sides to order along with a 10-piece bucket of chicken, according to the ruling, reported Friday by Courthouse News Service. Harris had gone to the KFC at Adams and Tabor avenues in Olney on Oct. 3, 2007, for an $8 special - a 10-piece bucket, biscuits and two sides, according to Harris' lawsuit. When Harris hesitated on the sides, Henry, who wasn't his cashier, barked at him to "hurry up!" to which Harris responded that Henry wasn't his cashier, according to court records. 

What happened next will go down in the annals of Worst Customer Service Ever.

"Well, do you want the f***ing chicken or not?" Harris said Henry asked him, as he took out a gun and held it under the countertop. "I will kick your ass!" he allegedly told Harris.

As a female employee implored Henry to cool it, according to court records, Harris said, "What? You going to shoot me over a bucket of chicken?" He then headed for the exit. But Henry came up behind him, Harris said, and pistol-whipped him in the face. Harris fell, unconscious, and paramedics rushed him via ambulance to the emergency room, according to court records. He suffered a concussion, a black eye, a fractured wrist, memory loss and "rattled teeth" and got eight stitches in his lip, according to the lawsuit.

Harris later sued KFC, complaining that they failed to ensure a safe restaurant by not running a background check on Henry, which would have uncovered several prior arrests, and not noticing that Henry violated the eatery's ban on employees bringing weapons to work.

U.S. District Judge Lawrence F. Stengel, in ruling that KFC isn't liable for Henry's attack, said that KFC couldn't have known Henry had a propensity for violence, because his prior arrests were for burglary and such nonviolent offenses.

For the attack on Harris, Henry was found guilty of aggravated assault during a 2009 trial and was sentenced to two to four years in prison and anger management, according to court records. He's now in state prison on a five- to 10-year sentence for an unrelated armed robbery he committed in April 2008, court records show.

Dana DiFilippo @ 9:53 AM  Permalink | 74 comments
74 comments
Comments  (74)
  • 0 like this / 0 don't   •   Posted 1:40 PM, 06/25/2012
    "When you find yourself in danger, when you're threatened by a stranger, when it looks like you will take a licken...buk buk buk buk.
    There is someone you can turn to, who will hurry up and rescue you, just caaaall, for Super Chicken! bukeeeeck!"
    AnukKrakatoa
  • 0 like this / 0 don't   •   Posted 1:57 PM, 06/25/2012
    have you seen triumph the insult dog at The Weiner's Circle in chicago?
    Bick421
  • 0 like this / 0 don't   •   Posted 1:58 PM, 06/25/2012
    http://youtu.be/33zPlnhymCU
    Bick421
  • 0 like this / 0 don't   •   Posted 5:10 PM, 06/25/2012
    Thanks that was great!
    Worker1
  • 0 like this / 0 don't   •   Posted 2:04 PM, 06/25/2012
    That pistol whipping save the man's life because it ment that he didn'd have to eat the kofc chicken which we know will kill you.
    rduexpress
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 2:23 PM, 06/25/2012
    KCF had a valid defense. Right below their warning "Caution: Coffee is hot" is another one that reads "Warning: Not knowing what sides you want in advance will get you pistol whipped".
    towman
  • 0 like this / 0 don't   •   Posted 2:28 PM, 06/25/2012
    wow , cant even get a wing , nowadays
    james bond
  • 0 like this / 0 don't   •   Posted 2:32 PM, 06/25/2012
    if this was a small chain or small business owner / self-proprietor, the judge would have thrown the book at him... The whole country is bought by big corporate interests.. time for americans to wake up.
    USAFirst1
  • 0 like this / 0 don't   •   Posted 2:34 PM, 06/25/2012
    sue the perp for what? his welfare check? smart logic there.
    sdffa13
  • 0 like this / 0 don't   •   Posted 2:35 PM, 06/25/2012
    It's not like he was buying a car or house, just pick two. Instead, Henry provided his own side, a pistol whippin upside his head. He is lucky he didn't get the full clip salad with fresh hot rounds. Next time, Mr Harris should just go with the Cole slaw & mashed potatoes.
    NWBeachBum
  • 0 like this / 0 don't   •   Posted 2:41 PM, 06/25/2012
    Did the DN make this up? This case is an eyes closed, slam dunk, Philly special. This case is every lawyer's dream; and the Judge said what?
    paulfromtheoblongtable
  • 0 like this / 0 don't   •   Posted 2:54 PM, 06/25/2012
    People are so on edge in this day and time...i recently got yelled and beeped at because I didn't move fast enough after the light changed green....i mean it had just changed green and as i was putting my foot on the gas he went at me....GEEZ. Taking to long or a human error can cost you your life...SERIOUSLY.
    chop1118
  • 0 like this / 0 don't   •   Posted 3:27 PM, 06/25/2012
    I WILL NEVER ENTER A KFC AGAIN.
    REVENGEISMINE
  • 0 like this / 0 don't   •   Posted 3:35 PM, 06/25/2012
    The story is a disgrace to humanity and this article is a disgrace to journalism.
    Trident252


View comments: 1  |  2  |  3  |  4  |  5
About this blog

Philly Confidential, which covers crime in Philadelphia and the suburbs, is written by Daily News staffers Dana DiFilippo, Stephanie Farr and Morgan Zalot.

E-mail tips to DiFilippo at difilid@phillynews.com and follow her on Twitter here.

E-mail tips to Farr at farrs@phillynews.com and follow her on Twitter here.

E-mail tips to Zalot at zalotm@philly.com and follow her on Twitter here.

The PhillyConfidential team
Topics:
Blog archives:
Past Archives: