DALLAS, March 27, 2020 /PRNewswire/ -- For the
second time, the Supreme Court of Texas has rejected an attempt by Steak 'n
Shake (NYSE: BH) to dismiss a lawsuit filed by a former employee
who was allegedly sexually assaulted by her manager.
The ruling released Friday marks an important victory in efforts
to hold businesses accountable for the actions of supervisors, said
trial lawyer Matthew McCarley of
Dallas-based Fears Nachawati, who
represents the plaintiff. With Friday's action, Mr. McCarley said
he is confident that Steak 'n Shake will have to answer to the
claims in a jury trial.
"Steak 'n Shake has thrown up every legal hurdle it can to dodge
accountability for the actions of its General Manager and its
failure to provide a safe work environment for employees," Mr.
McCarley said. "It's time for Steak 'n Shake to stop hiding behind
legal technicalities and take responsibility to ensure workers feel
safe on the job."
The ruling stems from a lawsuit filed by a woman identified as
B.C. who claims her manager at a Frisco,
Texas, Steak 'n Shake assaulted her during a late-night
shift in 2011. She sued the San
Antonio-based casual restaurant chain for sexual assault. In
Friday's ruling, the Supreme Court rejected Steak 'n Shake's
argument that certain evidence could be excluded from consideration
because of an alleged untimely filing.
This is the second time that the Supreme Court of Texas has rejected an appeal from Steak 'n
Shake in this case. In 2017, the court made an important and
closely watched finding that workplace sexual assault lawsuits can
be treated differently than sexual harassment claims and are not
required to be guided by an administrative process under the
Texas Commission on Human Rights
Act.
The case is B.C., Petitioner v. Steak 'n Shake Operations
Inc., No. 17-1008. In addition to Mr. McCarley and the Fears
Nachawati law firm, Dallas-based
attorney Matthew J. Kita handled
appellate arguments.
Dallas-based Fears | Nachawati
Law Firm represents individuals, businesses and governmental
entities in litigation, including sex abuse and sexual assault
claims, business interruption claims arising from Coronavirus
(COVID-19) and other natural disasters, serious personal injury and
wrongful death, and mass torts arising from environmental damage
and water contamination, as well as defective drug and medical
device litigation. For more information, visit:
https://www.fnlawfirm.com/.
Contact:
Robert Tharp
800-559-4534
robert@androvett.com
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SOURCE Fears Nachawati Law Firm