Has Beehive Homes admitted liability in the William Fisher lawsuit?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
On May 9, 2023, William Fisher, as the Attorney-in-Fact of Toby Butler, filed a Complaint (Case No. D-1215-CV-2023-00407) in the Twelfth Judicial District Court for the County of Otero, State of New Mexico, against Alamo Care, LLC d/b/a/ Bee Hive Homes of Alamogordo; Bee Hive Homes of America, Inc.; Jay T. Manning; and Elena Smarr in her capacity as the Administrator of Bee Hive Homes of Alamogordo alleging negligence, unfair trade practices and punitive damages. Bee Hive Homes of America, Inc. has denied any liability in the matter. The suit is ongoing.
Source: Item 3 — LITIGATION (FDD pages 10–11)
What This Means (2025 FDD)
According to the 2025 Beehive Homes Franchise Disclosure Document, Beehive Homes of America, Inc. has denied any liability in the lawsuit filed by William Fisher. The lawsuit, filed on May 9, 2023, in the Twelfth Judicial District Court for the County of Otero, State of New Mexico, involves allegations of negligence, unfair trade practices, and punitive damages against Alamo Care, LLC d/b/a/ Bee Hive Homes of Alamogordo; Bee Hive Homes of America, Inc.; Jay T. Manning; and Elena Smarr in her capacity as the Administrator of Bee Hive Homes of Alamogordo. The suit is currently ongoing.
This denial of liability is a standard legal position taken at the outset of litigation. It means that Beehive Homes is contesting the claims made against it and is prepared to defend itself in court. It does not indicate the eventual outcome of the case, which could result in a settlement, a judgment in favor of Beehive Homes, or a judgment against them.
Prospective franchisees should be aware that litigation is a common occurrence in the business world, especially in industries like residential care where the risk of liability is higher. The fact that Beehive Homes is involved in a lawsuit is not necessarily a negative sign, but it is something that potential franchisees should be aware of and consider as part of their due diligence. It would be prudent to follow up with the franchisor to obtain updates on the status of the case and to understand the potential financial and reputational risks associated with it.