dpAn 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.
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.
The lawsuit was amended on June 25, 2026 to include the franchise owner and corporate parent of Arbys, Inspire Brands.
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.
A timeline of events from the plaintiff, Jennica Church:
A Routine Stop After Work
Jennica Church says she was exhausted and hungry when she stopped for food after work on March 28.
She ordered from an Arby’s in Broken Bow and began eating before even leaving the parking lot. Nothing about the moment felt unusual, she said, and she took the rest of the food home to share with family.
Days later, her life changed.
Symptoms That Didn’t Make Sense
Church says she woke up with a painful lesion on her face and soon learned she had contracted Herpes Simplex Virus Type 1. She says she had never tested positive for the virus before and had never experienced symptoms.
She says the diagnosis left her confused and searching for answers.
A Shocking Discovery
Church says her daughter later found a voice recording in which former Arby’s manager Amanda Hendricks admitted to spitting in the food.
After receiving confirmation of her diagnosis, Church went to police. She says investigators later obtained video evidence as part of their investigation.
Hendricks is now charged with poisoning food with intent to injure.
Feeling Dismissed
Church says what troubled her most was how her concerns were handled when she returned to the restaurant.
She says employees insisted the food was safe, offered her five dollars in compensation, and allowed Hendricks to continue working until police became involved.
Living With the Aftermath
Church says the incident has affected nearly every part of her daily life.
She says she now lives with constant stress and anxiety, never knowing when another outbreak could happen. She says it has also changed how she shows affection and interacts with family members, out of fear of passing the virus to someone else.
Family members who shared the food were tested and continue to be monitored, according to Church.
