Woman Sues McDonald’s After Worker Spit On Her

UPDATED 12/09/10 1:41 p.m.

CHICAGO (CBS) — A woman says McDonald’s owes her $300,000 in damages, after a drive-thru worker spit on her.

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Sarah Thienes filed the lawsuit Wednesday in Cook County Circuit Court.

Thienes claims she was a passenger in a taxi about 3:50 a.m. on Dec. 13, 2009, when she tried to order a cheeseburger through the drive-through lane of the restaurant at 23 N. Western Ave.

An employee allegedly told her in an “aggressive, unfriendly tone” that only breakfast menu items were available and that Thiesen couldn’t have a cheeseburger, according to the suit.

When Thienes tried to order a ham, egg and cheese bagel, the employee “yelled” that bagel sandwiches didn’t come with ham, so the woman ordered a bagel sandwich with bacon instead, the suit said.

The employee allegedly “continued to scream” at the woman through the drive-through speaker system and, when the taxi approached the pick-up window, the worker “stuck her head out of the window and spit directly onto [Thienes’] face,” according to the suit.

A statement issued Thursday McDonald’s frachisee Ron Lofton said, “While we are aware of this claim, we have not been served with a lawsuit. As always, we investigate claims to gather the facts, and take action, as appropriate.

“We strongly caution anyone from jumping to conclusions, without having the facts. At this time these are just allegations. Because this is an ongoing legal matter, it would be inappropriate to further comment or speculate at this time.”

A McDonald’s manager said the whole incident was caught on surveillance video, according to the lawsuit. Thienes filed a police report about the spitting incident the next day, the suit said.

The three-count suit claims intentional infliction of emotional distress, battery and negligence. It seeks at least $300,000 in damages.

The Sun-Times Media Wire contributed to this report.

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  • Jim

    Gotta love America…home of the lawsuits!

  • fasterfood

    Should have went to Burger King…:)

  • Dan Rakow

    Forget the $300,000 Lawsuit.It’s about time for that Employee to owe an apology to that Woman anf there be a new rule should an incedent happen with either a patron or Employee that must owe an apology immeditatley.

    We ALL have Bad Days.

    • Sarah

      I’ve had some bad days before, but never have I spit on any of my customers. I don’t think I’ve even showed much in the way of annoyance at my customers. Having a bad day does not mean you lose control of yourself. Emotions can be controlled.

  • Diane

    okkk……..3:50 A.M. … in a taxi…..what was the demeanor of the customer???

    • jstain

      my thoughts as well. I suspect there may be alot more to this story.

  • George

    The only places a cab fare should be going at 3:00 am are home, hospital, or the airport.

    This reminds me of that Chris Rock joke about doing things at 3:00 am is usually not good.

    • The Other Guy


  • Tim

    What if she was just getting off of work and wanted something to eat? The world doesn’t operate totally on a 9-5 you know…

  • Really?

    What person wants a cheeseburger at 3am?? Regardless of your work schedule. A cheeseburger at 3am really? I mean come on really????? In a taxi???

    • ohreallynow

      Get off your high horse. People like what they like. And there isn’t a thing wrong with wanting a cheese burger at 3 in the morning.
      I have cold pizza at that hour. Sometimes left over potroast, sometimes a bowl of ceral. Who the hell are you to pass judgement on what a person eats and when? Jeez.

  • Casinoboi

    You obviously never worked the grave yard shift. At 7 am the last thing I want is bacon & eggs. Maybe steak & baked potato. Then there’s the after the clubs nights a good hot cheese burger is right up my ally. None the less this is America if she wants a cheese burger at 3am by God this is America a cheese burger is it. So McDonald’s continue to serve your breakfast to those who want it but also give some thought to the rest of use who don’t like your heart burn causing breakfast.

    • Tim

      Amen Casinoboi!

  • smooth

    300 K in damages !!! woman in a cab McD’s 3am . these are the facts. Why don’t we wait for the investigation and video to surface befor we judge either way.

  • smiith

    also in her Facebook blog, she metions a McDonalds Happy meal incident. Wonder if there is any connection. Just the fact she had made reference makes her suspicioous.

  • mensmens

    Stupid women got what a stupid women should get, Some splt to put her back in her place and not waste everyones time with BS. Can’t even count how many times I’ve been behind a women at a drive-thru and it’s a 5 minute ordeal of her ordering.

  • peter

    Also, 3:50 am, not 3 am. Closer to 4. While I agree the facts should be gathered first, from my experiences, I’m going to say she just got done clubbing, was probably pretty inebriated, and that the employee wasn’t the one who started the shouting. If you saw her facebook, smiith, how old would you say she was? I’d also like to hear the cab driver’s account.

  • richjames

    countersuit by McDonalds attendant with lisp for violation of her right to free sssPeech.

  • http://obbop.wordpress.com/ obbop

    Some species eat their offspring

  • Steven

    I wonder if they knew eachother and set the whole thing up?

  • http://botd.wordpress.com/2010/12/11/top-posts-1686/ Top Posts — WordPress.com

    […] Woman Sues McDonald’s After Worker Spit On Her UPDATED 12/09/10 1:41 p.m. […]

  • Burger King Guy

    you should’ve ate at BK! i wouldn’t spit on you… i would just R.A.P.E you ;)

  • http://karendecoster.com/boobus-strikes-again.html Karen De Coster » Boobus Strikes Again

    […] reminded that we live in the land of the dumbed down, the home of the Idiocracy. Thank goodness Americans know what is really […]

  • Nancy

    Spitting in someone’s face is the ultimate insult and totally inappropriate behavior any time, but I think the woman in the cab did something to provoke the Mc Donald’s worker. Would love to know the whole story…

  • Jackie

    besides the whole spitting incident I can’t believe the woman had the patience to continue ordering even though the employee was being an @ss to her

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