Pretoria - A Squabble at a KFC drive-through involving “drunk” patrons who blocked the driveway, drinking and dancing with loud music emanating from their vehicle, ended up in court as one of the patrons claimed damages from the fast-food outlet.
Sakhe Tutshana, a male nurse, turned to the Mthatha High Court, where he claimed damages from KFC and one of its employees, Mncedisi Jola, whom he said assaulted him during the altercation.
Jola, on the other hand, said Tutshana and some of the passengers in his car were unruly and drunk and made trouble while ordering their nine-piece bucket of chicken late at night.
He said he acted in self defence as Tutshana assaulted him first.
The court was told patrons in a car behind that of Tutshana joined in the fight, as they were fed-up with Tutshana blocking the drive-through and hindering them from placing their order.
While admitting his passengers were somewhat intoxicated, Tutshana denied he was drunk.
He claimed that while they were walking around the drive-through with alcohol in their glasses, he was sipping on the cranberry juice in his glass as he was thirsty.
He claimed that during the altercation he was hit on the head with a wooden stick by Jola and had to undergo treatment at hospital.
He said KFC should also compensate him, as Jola worked as the manager that night.
According to KFC the late night squabble lasted for more than an hour and only ended at about midnight when the police were called.
Jola said Tutshana, under the influence of alcohol, started to assault him with his hands, then head-butted him.
He testified that the squabble ensued as a result of Tutshana’s refusal to obey the instruction that he should remove his vehicle which blocked the driveway leading to the pay point in the drive-through and thereby causing a traffic congestion.
He said he had no option other than to defend himself from the aggressive Tutshana.
Tutshana testified that on the night of the incident he was accompanied by his brother, his younger sister and two women friends. On arrival at KFC, he entered the drive-through leading to a speaker where orders were made by customers of the KFC outlet.
His brother exited the vehicle to pay for the food. At that stage, he also exited the vehicle to call for the order as he could not communicate properly through the speaker.
They were told the speed point was not working due to network issues and the KFC security guard told them to proceed to the next window with a speed point. They left their vehicle and went to the next window. A squabble ensured.
In rejecting his damages claim, Judge M Notyesi found that Tutshana and some of his passengers were the instigators that night.
Pretoria News