A former manager at an Arby’s restaurant in Oklahoma is facing a felony charge after allegedly contaminating a customer’s food by spitting on it while suffering from an active oral outbreak, according to court documents and a civil lawsuit filed by the affected family.
Former Arby’s employee charged over allegations she spat in customer’s food while having active herpes
The incident allegedly took place in late March at an Arby’s outlet in Broken Bow, , where customer Jennica Church stopped at a drive-through after finishing a late-night bartending shift. Church and her family have since filed a lawsuit against the fast-food chain and former employee Amanda Hendricks, 38, alleging that the contamination resulted in Church contracting Herpes Simplex Virus Type 1 (HSV-1), commonly known as oral herpes.
According to the civil complaint obtained by People magazine, Church visited the restaurant shortly before closing time to purchase food for herself and her family. Recalling the incident in an interview with Oklahoma television station KJRH, Church said, “It was taking a little bit of time,” adding, “I thought they were mad at me because it was about to close.”
The lawsuit alleges that Hendricks, who was the manager on duty and was responsible for preparing food orders, intentionally contaminated Church’s meal. According to the complaint, “Hendricks intentionally and deliberately spit on the meat or sandwich components while preparing Plaintiff Jennica Church’s order.” The filing further alleges that “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.”
Court filings also claim that Hendricks had visible lesions associated with an active herpes outbreak at the time of the alleged incident and was aware that the virus could be transmitted through saliva. Surveillance footage obtained during the police investigation reportedly shows the former manager preparing and spitting onto meat and sandwich ingredients before the food was served.
After collecting the food order, Church returned home and shared portions of the meal with family members, including her husband, children and her grandmother-in-law, who was receiving hospice care at the time, according to the lawsuit. Church later developed oral lesions and sought medical treatment, eventually testing positive for HSV-1.
The lawsuit alleges that Church connected her diagnosis to the incident after learning that Hendricks had allegedly bragged about spitting in the food with others in the community. Broken Bow is a small town, and Church claimed that information about the incident spread locally before authorities confirmed the allegations through footage.
The complaint further alleges that employees at the restaurant attempted to minimise the incident after it came to light. According to the filing, Church’s family was offered free sandwiches, while her grandmother-in-law was allegedly offered “the insulting sum of five dollars ($5.00) as compensation for the contamination of food that resulted in a permanent, incurable viral infection.”
The emotional impact on the family has also formed a central part of the lawsuit. Speaking to KJRH, Church’s grandmother-in-law said, “I see what it’s doing to my grandchildren, my son, my husband.” She added, “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, criticised the actions of staff members who were allegedly aware of the contamination but failed to intervene. “They let it go all the way out the door and my client now has a communicable disease,” he told KJRH. He added, “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.”
Hendricks has since been charged with poisoning of food with intent to injure, according to court records and police affidavits cited by multiple US media outlets. It was not immediately clear whether she has retained legal representation or entered a plea.
The Church family is seeking compensatory damages, including medical expenses, physical pain and suffering, and emotional distress.
