Mcdonald's Liable In Accident

SALEM, Ore. - McDonald's is liable for damages in a traffic accident caused by an employee who worked unusually long hours, the Oregon Court of Appeals has ruled.

In a divided opinion, the court said the circumstances fit within a liability standard established by the Oregon Supreme Court of behavior that "unreasonably creates a foreseeable risk."

The dissenting judges in the 5-4 decision said it makes all employers potentially liable for tired employees' off-premises negligence.

The court upheld a $375,000 damage award to Frederic Faverty, who was injured when a car driven by Matt Theurer crossed the center line and hit Faverty's vehicle on April 5, 1988. Theurer, 18, was killed in the accident. He apparently became drowsy or fell asleep at the wheel while driving home after working three shifts totaling more than 12 hours in a 17-hour period.