BROKEN BOW, Okla –
An Oklahoma family has filed a civil lawsuit against an Arby’s franchise and a former employee, accusing the worker of intentionally spitting on their sandwiches while suffering from an active and visible case of herpes.
Amanda Hendricks is accused in a lawsuit of spitting on the meat or sandwich components while preparing food. (McCurtain County)
What We Know
The petition, filed in McCurtain County, claims that Jennica Church contracted Herpes Simplex Virus Type 1 (HSV-1), or oral herpes, after consuming a contaminated meal purchased on March 28, 2026. Amanda Hendricks, RB ARK Restaurants LLC, and Flynn Restaurant Group LP are named as defendants in the lawsuit.
According to the lawsuit, Church claims that she contracted Herpes Simplex Virus Type 1, or HSV-1, after consuming food purchased from the restaurant on March 28, 2026. Court documents allege surveillance video shows Hendricks spitting on meat and other sandwich ingredients before the food was served to Church through the drive-through window.
Attorneys for Church argue Hendricks knew she had an active case of oral herpes with visible lesions and understood that saliva could potentially transmit the virus. The lawsuit states Church ate one sandwich while leaving the restaurant parking lot before sharing the remaining food with her husband and his mother, who was receiving hospice care at the time.
Church says she later tested positive for HSV-1. The lawsuit claims the incident caused “debilitating fear and anxiety” regarding the potential transmission of the virus to family members.
Claims Against the Restaurant Operators
The lawsuit also accuses the restaurant management of responding improperly after the incident. According to the filing, an Arby’s representative told the family that they had reviewed the surveillance footage and found nothing. The family said that they also received phone calls from a representative of the business offering them free sandwiches or five dollars if they abandoned their claims.
What Happens Next?
Attorneys representing the family have requested a jury trial. The accusations will need to be proven in court.
Representatives for the Arby’s franchise, RB ARK Restaurants LLC, and Flynn Restaurant Group LP had not publicly responded to the allegations as of publication.
