Assaulted with a Secret Sauce -- Is the Company Liable?

Fast food restaurants apparently don’t always bring the best out in a person.  Turns out that a customer at a Burger King in Conway, NH complained that her burger came without a bun.  An argument ensued and ended with the manager throwing a packet of sauce at the customer.  The customer called police and the manager was arrested.  (Read about it here:

Let’s have some fun with this story.  I have $10 Starbucks cards for the winners. 

First question:  Let’s assume the packet hit the customer’s eye and serious injury occurred.  If the woman sued Burger King could she win?  Explain how Burger King could be liable.  The first person who gives me a correct answer will get the first $10 Starbucks card. 

Second question:  Those of you who have heard me speak onwage and hour issues have heard me discuss what I call “Burger King Syndrome.”  It has nothing to do with their food.  It has to do with employee classifications.  The first person who can tell me what Burger King Syndrome is receives the 2nd $10 Starbucks card. 

Send your winning answers to