The Boston Globe has reported that a $15 million lawsuit has been filed on behalf of the family of a murdered pizza deliveryman. The suit cites both the pizza company he worked for, and the bank that owned the building where the incident occurred, for negligence.
On September 1, 2010, R.N., 58, while working at a pizza franchise, was told to deliver an order to a building in the 700 block of Hyde Park Avenue.
The building, a two-family structure, was shuttered and rundown.
R.N., once drawn in to enter the building, found himself the victim of a robbery, and received multiple stab wounds that caused his death.
The thieves took $143 in cash that R.N. had on his person, as well as food items such as two pizzas, chicken wings and soda - the latter being what the thieves had ordered.
Allegedly Boston police received confessions from A.E.G., M.A.St.J. and Y.M. They are currently held without bail and have each pleaded not guilty to a charges of first-degree murder.
The lawsuit does not name the three criminal defendants.
The suit is filed in Suffolk Superior Court by attorney's representing R.N.'s son, I.L., who is also the estate administrator.
The suit claims that another Domino employee took the phone order from R.N.'s alleged murderers. The employee had been asked if their delivery person would have cash on him, to which the employee reportedly answered yes. Next, the employee did not ask for a call back phone number, which, as the suit stated, "created an elevated risk of criminal assault."
The franchisee also failed to protect R.N. from harm by telling him to deliver the food by entering the building's rear entrance - where he would not be seen by the public.
Howard J. Wayne, the Boston-area attorney that filed the lawsuit, said, "At the time of (R.N.'s) death, (the pizza franchise) had no policies posted in and around the store regarding delivery driver security. (The pizza franchise's) conduct was a proximate cause of the assault, battery, false imprisonment, and death of (R.N.)."
The vice president of communications for the pizza company, T.M., said, "We were horrified by the crime and deeply saddened by the loss of Mr. (R.N.), an innocent man simply trying to earn some money delivering pizza. We were among those who contributed to the trust fund created for his children."
The bank that owned the building is accused of not securing the building and for failure in posting no-trespassing signs. The lawsuit states that the bank had owned the building from June 30 through the day R.N. was murdered there.
The lawsuit states: "...Bank had a duty to maintain, control, and secure the property, and a duty to protect against foreseeable criminal attacks. At no time prior, did ... Bank place 'No Trespassing' signs ... or adequately secure the property."
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