Ray v. Hardee's Food Systems, Inc.

MILLER, Judge.

This is an appeal from a summary judgment entered in the Jefferson Circuit Court.

Marcus L. Ray was shot while working at a restaurant owned by appellee, Har-dee’s Food Systems, Inc., d/b/a Hardee’s (hereinafter referred to as “Hardee’s”.) Approximately five minutes before the arrival of the assailant, Roger Payne, Sue Bratcher, an off-duty Hardee’s employee, telephoned the restaurant and spoke with Kim McCarty, the shift supervisor. From this point, testimony of the witnesses varies considerably. Bratcher testified she told McCarty “Roger is coming to kill Marcus” and “I think…