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Case 10.3
IANNELI V. BURGER KING CORPORATION
Supreme Court of New Hampshire
145 N.H. 190; 761 A.2d 417; 2000 N.H. LEXIS 42 [August 18, 2000]
FACTS:
The Plaintiffs, Nicholas and Jodiann Ianneli, individually and on behalf of their three children,
brought a negligence action against the defendant, Burger King Corporation, for injuries sustained
as a result of an assault at the Defendant’s restaurant.
During the late afternoon or evening hours of December 26, 1995, the Ianneli family went to the
Defendant’s restaurant for the first time.
Upon entering the restaurant the Iannellis became aware of a group of teenagers (5 male and 2
female) who were allegedly rowdy, obnoxious, loud, abusive and using foul language.
Some of the teenagers claimed to be hammered.
Initially the group was near the ordering counter talking to an employee whom they appeared to
know.
One group member almost bumped into Nicholas, who pointed this fact out, and the teenager
responded, “I don’t give a F. That’s his F’ing problem.”
Nicholas’ wife and children went to the dining room while he ordered. The teenagers also moved
into the dining room where the obnoxious behavior and foul language continued.
One of the children became nervous and Nicholas walked over to the teenager (stood about 3 feet
away) and said, “Guys, hey listen. I have three kids;” then one or more of the group assaulted
Nicholas. They hit Nicholas, knocked him to the ground and struck him in the head with a chair.
PROCEDURE: The Superior Court of New Hampshire granted summary judgment to Defendant.
ISSUE: Did the behavior of the rowdy teenagers create an unreasonable risk of injury to restaurant
patrons that was foreseeable to Defendant?
RULE: “Generally, persons will not be found negligent if they could not reasonably foresee that their
conduct would result in an injury to another or if their conduct was reasonable in light of the
anticipated risks.”
REASONING:
1. The court held that the teenagers’ unruly behavior could reasonably have been anticipated to
escalate into acts that would expose patrons to an unreasonable risk of injury.
2. The evidence could support a finding that the teenagers’ obnoxious behavior in the restaurant was
ADDITIONAL INFORMATION:
A duty exists on a part of a landowner when it is foreseeable that an injury might occur as a result
of the landowner’s actions or inactions.
Under New Hampshire law, “whether a defendant’s conduct creates a sufficiently foreseeable risk
