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Widow of Texas Pizza Delivery Man Sues Dominos for Wrongful Death

The widow of a Texas pizza delivery man has filed a wrongful death lawsuit against the pizza giant Domino's after her husband died due to injuries received while on the job.

In 2009, a call came into the Fort Worth Domino's for delivery to a house that the pizza place had never previously been. When the delivery man arrived with the pizzas he was attacked, robbed and beaten with a baseball bat by a three teenagers who had placed the phony order using a prepaid cell phone. The delivery man suffered severe brain damage, and just over a year after the attack, died as a result of his injuries. Police later ruled his death as a homicide.

All three teenagers, ages 15 and 16, were charged as juveniles since they were not of majority age at the time of the attack. The boys were charged with aggravated robbery and sentenced before the delivery man died. Two of the teens were sentenced to five years in a youth facility.

The third teen was sentenced to 40 years in a Texas Youth Commission facility. He turned 18 this last week and was transferred to an adult prison, where he must serve at least half of the 40-year sentence. Prosecutors did not charge the boy with murder after the delivery man died because he still would have been charged as a juvenile and he was already serving the maximum 40 years, so it was not possible to receive an enhanced sentence.

Even though the criminal charges have since been settled, the delivery man's widow is seeking civil damages -- alleging that Domino's was negligent in following safety procedures. The spousal wrongful death lawsuit was filed on July 11 in Tarrant County against the local franchise, Mark of Excellence Pizza Co., and the national corporation, Domain's Pizza and Domino's Pizza Franchising.

Source: Insurance Journal, "Domino's Sued After Texas Deliveryman's Death," 7/15/11.

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