An Oklahoma woman and her family are suing Arby’s after claiming a former restaurant manager spat in their food and allegedly infected the customer with oral herpes.
Jennica Church says the disturbing incident happened in late March after she pulled into the drive-thru at an Arby’s in Broken Bow, Oklahoma, after a long night of work. She was picking up food for herself and her family.
“It was taking a little bit of time,” Church told KJRH. “I thought they were mad at me because it was about to close.”
According to a civil complaint obtained by PEOPLE, Amanda Hendricks, 38, was the manager on duty that night and was responsible for preparing food orders. Church said she and Hendricks knew each other and had some history, though she described it as nothing major.
The lawsuit alleges Hendricks intentionally spit on the meat or sandwich components while making Church’s order.
“At the time Defendant Hendricks spit on the food, she knew she had Herpes Simplex Virus Type 1 (HSV-1), commonly known as oral herpes,” the complaint alleges.
The lawsuit further claims Hendricks had an active herpes outbreak with visible lesions and knew the virus could be transmitted through saliva.
After getting the order, Church says she brought the food home and shared it with her husband, their children, her husband’s father and his grandmother. The grandmother was on hospice care and in a medically vulnerable condition, according to the complaint.
Soon after, Church said she began noticing sores around her mouth that she had never experienced before. She later went to a doctor and tested positive for HSV-1, the lawsuit says.
Church said she connected the diagnosis to Hendricks because they live in a small town and she allegedly heard that Hendricks had been bragging to others about spitting in the food.
The lawsuit claims surveillance video from the restaurant shows Hendricks preparing the food, spitting on sandwich components and then placing the contaminated food onto the sandwiches.
The family also alleges that when Arby’s staff were confronted about the footage, employees tried to cover up what happened and pressured them into accepting free sandwiches as compensation.
According to the complaint, Church’s grandmother-in-law was allegedly offered “the insulting sum of five dollars” over the contaminated food.
The family says the ordeal has caused severe emotional distress and anxiety and has changed the way they interact with one another.
“I see what it’s doing to my grandchildren, my son, my husband,” Church’s grandmother-in-law told KJRH. “I don’t want to kiss my husband. He ate the food! Because he hasn’t had an outbreak, doesn’t mean he doesn’t have it.”
The family’s attorney, Will Blocker, slammed the employees who were allegedly present that night, saying they knew what happened and stayed silent.
“They let it go all the way out the door and my client now has a communicable disease,” Blocker told KJRH. “That has to be a culture deeper than Arby’s in Broken Bow, Oklahoma. Maybe it’s Flynn Restaurant Group and all 300 stores they own. I don’t know, but we are going to find out.”
The Church family is seeking compensatory damages, including medical expenses, physical pain and suffering.
Hendricks has been charged with felony poisoning of food with intent to injure, according to KJRH, which cited an affidavit.
It was not immediately clear if Hendricks has an attorney.
A good reason to never buy fast foods.