Customer sues Arby’s over injury claims
A customer is suing Arby’s and its franchise owner claiming she was severely injured during “horseplay” by workers at the fast-food restaurant in South Strabane Township nearly two years ago.
Mary Wilkinson of California filed a lawsuit in Washington County Court Tuesday claiming serious medical injuries after two workers “violently pushed” open a kitchen door that hit her while she was returning from the restroom.
Wilkinson went to the Trinity Point restaurant Dec. 8, 2011, and was walking down the narrow hallway next to the kitchen when the incident allegedly occurred. Just as she was approaching the dining room, a swinging door opened and two employees barreled out of the kitchen, according to the lawsuit
“Without warning a female employee (at Arby’s) violently pushed the door open to the hallway, and she fell to the floor,” the lawsuit claims.
A male employee also pushed the door open and jumped over the other worker to keep his balance. The door struck Wilkinson on the right side of her body, causing a variety of injuries to her head, neck and arm, the lawsuit claims.
The lawsuit blamed Arby’s and its franchise operator, Linell Corp., for “permitting and encouraging unruly” behavior and that they failed to “warn patrons of a peril which they may not discover.” The lawsuit also claims there was not proper training or supervision to “maintain an orderly atmosphere from the onset of horseplay between its employees.”
In addition to the “propensity of horseplay” at the restaurant, the lawsuit also blames the construction of the building and positioning of the kitchen doorway near the restroom. The lawsuit does not identify the two fast-food employees allegedly involved in the incident.
Neither Wilkinson nor her Pittsburgh attorney, Howard Messer, returned phone calls seeking comment. Arby’s corporate officials and Linell Corp. representatives in Grove City could not be reached to discuss the lawsuit.
The suit does not ask for a specific monetary figure but claims Wilkinson spent substantial money for her medical care and has suffered wage losses from the incident. According to the lawsuit, her injuries include permanent damage to her neck, spine, arm, elbow, wrist, vocal cords and nervous system.