Jury to Decide PTSD Lawsuit Against Five Guys After Delivery Worker’s Scare

A food delivery worker who encountered two weapon-wielding maintenance workers surprised by his presence in a Five Guys hamburger eatery can bring negligence claims against the restaurant and the maintenance company over his mental trauma.

The federal district court for New Hampshire has found that the delivery worker’s evidence of post-traumatic stress disorder (PTSD) and his arguments linking his condition to the events of that day are strong enough for a jury to decide whether negligence was involved, even though the worker was not physically harmed.

Judge Paul J. Barbadoro declined the restaurant and maintenance firms’ bids for summary judgment on the claims of direct and vicarious liability.