Broken Bow, Okla โ
An Oklahoma family has filed a civil lawsuit against an Arbyโs franchisee and a former employee, accusing the employee of intentionally spitting on their sandwiches while suffering from an active and apparent case of herpes.
What do we know
The petition, filed in McCurtain County, alleges that Jennika Church contracted herpes simplex virus type 1 (HSV-1), or oral herpes, after eating contaminated food purchased on March 28, 2026. The lawsuit names Amanda Hendricks, RB ARK Restaurants LLC and Flynn Restaurant Group LP as defendants.
Church claims she contracted herpes simplex virus type 1, or HSV-1, after eating food purchased at the restaurant on March 28, 2026, according to the lawsuit. Court documents allege that surveillance video shows Hendricks spitting on meat and other sandwich ingredients before the food was served to Church through the drive-thru window.
Churchโs lawyers argue that Hendricks knew she had an active case of oral herpes with visible lesions and understood that saliva could potentially transmit the virus. The lawsuit says Church ate one sandwich as she left the restaurantโs parking lot and then shared 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 โdebilitating fear and anxietyโ about potential transmission of the virus to family members.
Claims against restaurant operators
The lawsuit also accuses restaurant management of inappropriately responding after the incident. According to the documents, an Arbyโs representative told the family that they reviewed surveillance footage and found nothing. The family said they also received calls from a business representative offering them free sandwiches or five dollars if they dropped their claims.
On June 25, 2026, the lawsuit was amended to include Arbys franchise owner and parent company, Inspire Brands.
What happens next?
Lawyers representing the family have asked for a jury trial. The charges will have to be proven in court.
Representatives for the Arbyโs franchise, RB ARK Restaurants LLC and Flynn Restaurant Group LP had not publicly responded to the allegations by press time.
Chronology of events from the plaintiff, Jennika Church:
Regular stop after work
Jennika Church says she was exhausted and hungry when she stopped for a snack after work on March 28.
She ordered from Arbyโs in Broken Bow and started eating before she even left the parking lot. She said there was nothing unusual at this point and she took the rest of the food home to share with her family.
A few days later, her life changed.
Symptoms that didnโt make sense
Church says she woke up with a painful lesion on her face and soon learned she had contracted the herpes simplex virus type 1. She says she has never tested positive for the virus before and has never experienced symptoms.
She says the diagnosis left her confused and forced to search for answers.
Shocking discovery
Church says her daughter later found a voice recording of former Arbyโs manager Amanda Hendricks admitting to spitting in the food.
After receiving confirmation of the diagnosis, Church contacted the police. As part of the investigation, investigators later obtained video evidence, she said.
Hendricks now faces a charge of poisoning food with intent to cause harm.
Feel fired
Church says her biggest concern was how her problems were handled when she returned to the restaurant.
She says the employees insisted the food was safe, offered her $5 in compensation and allowed Hendricks to continue working until police got involved.
Living with consequences
Church says the incident affected almost every aspect of her daily life.
She says she now lives with constant stress and anxiety, not knowing when another outbreak might occur. She says it has also changed the way she shows affection and interacts with family members for fear of passing the virus on to someone else.
Family members who shared the food have been tested and continue to be monitored, Church said.