Arby’s Hit With Lawsuit as Customer Contracts Herpes After Manager Spit in Sandwich

Arby’s Hit With Lawsuit as Customer Contracts Herpes After Manager Spit in Sandwich

A Shocking Story About Fast-Food, Health and Negligence

Few fast-food stories have shocked the public quite like the lawsuit now facing Arby’s after an Oklahoma woman claims a restaurant manager intentionally spit into her food while allegedly suffering from an active oral herpes outbreak. The case has quickly gone viral because it combines accusations of deliberate food tampering with claims of a lifelong viral infection, raising serious questions about food safety, employee conduct, and restaurant oversight.

According to court documents, the incident allegedly occurred at an Arby’s restaurant in Broken Bow, Oklahoma, when customer Jennica Church visited the drive-thru near closing time to purchase dinner for herself and her family. The lawsuit claims that former manager Amanda Hendricks intentionally spat on the sandwich meat while preparing the order despite allegedly knowing she had an active Herpes Simplex Virus Type 1 (HSV-1) outbreak, commonly referred to as oral herpes or cold sores. Investigators reportedly obtained surveillance video that allegedly shows the manager spitting on the food before serving it to the customer. Criminal charges have also been filed against the former employee, who has been accused of felony food poisoning with intent to injure.

Arbys manager mugshot
Courtesy: McCurtain County Police

Church says she ate one sandwich before driving home and later shared the remaining food with members of her family, including relatives in vulnerable health. According to the lawsuit, she later developed symptoms consistent with HSV-1 and subsequently tested positive for the virus. The lawsuit claims the incident has caused not only physical harm but also severe emotional distress, as HSV-1 is a lifelong viral infection that can periodically reactivate throughout a person’s life.

The lawsuit further alleges that the restaurant failed to properly address the incident after it was reported and is seeking damages for medical expenses, pain and suffering, emotional distress, and negligence. It is important to note that these allegations remain part of ongoing civil litigation, and the courts have not yet determined liability or whether the alleged food contamination directly caused the infection.

A Very Difficult Situation to Prove in Court

Medical experts note that HSV-1 is one of the most common viral infections in the world, with billions of people carrying the virus. It is typically spread through direct contact with saliva or oral lesions, although determining the precise source of any individual infection can be medically challenging. That question is likely to become one of the central issues in the civil lawsuit as attorneys argue whether the alleged act of food tampering directly resulted in the customer’s diagnosis.

While this particular case is unusually disturbing because of the alleged disease transmission, it is unfortunately not the first time restaurant employees have been accused of intentionally contaminating customer food. Over the years, numerous fast-food chains have dealt with isolated incidents involving workers allegedly spitting into meals after disputes with customers. Similar criminal cases have surfaced involving restaurants such as Burger King, McDonald’s, Taco Bell, Wendy’s, Domino’s Pizza, and other national chains.

One of the most infamous incidents occurred in 2009 when two Domino’s employees filmed themselves contaminating food in disgusting ways before uploading the video to YouTube. The video went viral, leading to criminal charges, employee firings, and a major public relations crisis for the company. Other incidents over the years have involved employees licking taco shells, placing foreign objects into meals, or intentionally tampering with food after arguments with customers. Fortunately, these cases remain extremely rare considering the billions of meals served annually by fast-food restaurants.

The Criminal Aspect of This Situation

Amanda Hendricks spoke out after her felony charge and the lawsuit. Hendricks bonded out of jail and spoke exclusively to 2 News Oklahoma. The victim previously spoke to 2 News Oklahoma about the impact on her life.

Now, Hendricks wants to share her side. Both women admit they know each other, but neither will detail any past dispute. Hendricks says she knew it was Church in the drive-thru when the incident occurred.

When asked directly whether she spit in Church’s food, Hendricks did not deny it.

“OK, accountability. Me, wanting to grow. Yes, I did. Low, low; it was disgusting,” Hendricks said.

Hendricks also addressed what she wants the public to know.

“That it was a mistake. It’s the way I conducted myself. It was poorly, but it isn’t who I am. I’m not my mistakes. Should have been handled very differently. It’s like this–because I spit in the food. It’s blown out of proportion on their end, but at the end of the day, we’re here, because of me,” Hendricks said.

Hendricks says she is accountable for her actions, but is adamant she did not give Church herpes. She sent 2 News Oklahoma negative herpes test results purportedly from McCurtain Memorial Hospital, taken on June 22. 2 News Oklahoma cannot independently verify the results, but Hendricks says she handed them over to Broken Bow police.

Hendricks, who has a prior criminal record related to theft and substance abuse, is hoping the test results and a subsequent blood test will help her chances at a reduced charge.

A Landmark Situation and Case… You Can Even Say a First of its Kind

The Arby’s allegations stand apart, however, because they involve not simply unsanitary behavior but an alleged attempt to expose a customer to a communicable virus. If the allegations are ultimately proven in court, legal experts say the case could become one of the most significant examples of intentional food contamination in recent fast-food history.

For consumers, the story serves as a reminder that while America’s restaurant industry maintains extensive food safety standards and the overwhelming majority of restaurant employees work professionally and ethically, isolated acts by individual workers can have devastating consequences. Most restaurants rely heavily on surveillance cameras, food safety protocols, and management oversight precisely because intentional contamination cases, while rare, can permanently damage public trust.

As the criminal prosecution and civil lawsuit continue, the Oklahoma case will likely remain under close public scrutiny. Regardless of the final outcome, it has already become one of the most disturbing food safety stories to emerge from the fast-food industry in years, reminding both restaurant operators and customers alike just how important trust is every time someone orders a meal through a drive-thru.

*****Editor’s Note*****

What seems to be lacking in the story and the reporting is the MOTIVE! Why did Amanda Hendricks do this? Was there a fight or argument at all? Obviously, it doesn’t justify this incident. And frankly, that should go without saying. But what the f*ck happened here? And even scarier was if this incident was totally random. That would be absolutely insane.

She did catch a felony, but bonded out. Now, the crux of the whole issue falls on Arby’s, which also opens a “Pandora’s Box” in my opinion. You can train people. You can make rules. You can do a million things under the sun. How they could actually govern something like this, I have no idea. It seems impossible to police something like this. You can deal with it after by firing her. But to prevent it? I don’t see how a company could do that. I say this as a business owner. This is a very slippery slope.

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