Banyei IsohWilliam H. Proctor10/31/09Miller V. McDonald’s CorporationCourt of Appeals of Oregon, 1997150 Or. App. 274. 945 P.2d 1107Facts: A woman by the name of Joni Miller was eating a meal at a McDonald’s restaurant in Tigard. While eating her Big Mac sandwich she bet into a heart-shaped sapphire and suffered some injuries. She brought a suit against McDonald’s corporation for her injuries. McDonald’s claimed that they were not liable for her injuries because the location she went to was owned and operated by 3K corporation. In the license agreement that McDonald’s gave to 3K it stated that they were liable for all injuries that happened at their location. The lower court agreed with McDonalds and granted a summary judgment to McDonald’s Corporation on the grounds that they did not own or operate that restaurant. Miller took the case to a court of appeals where she argued her case.Issue:Was 3K an agent for the McDonald’s corporation based on their appearance?
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