Wendy's drive-thru mishaps results in lawsuit

By Lawrence Smith | Sep 11, 2009

CHARLESTON - An employee at a Charleston-area Wendy's is alleging that an attempt by the store's manager to reprimand her had unintended, yet lasting consequences.

Tavia Franklin on Sept. 1 filed suit against Wendy's International, and Jesse Sellar. In her complaint filed in Kanawha Circuit Court, Franklin alleges she was injured from shattered glass Sellar struck when at the drive-thru window at the Wendy's location in Jefferson.

According to court records, Franklin, a St. Albans resident, was working the drive-thru on June 28, 2008. At a time not specified, "she received an emergency phone call from a family member."

About that same time, Sellar, who was manager of the Jefferson Wendy's "came through the drive-thru window on a routine inspection."

Believing Franklin was making personal phone calls, records show Sellar became angry and struck the glass of the drive-thru window to gain her attention. When he did, "the window shattered, and glass struck [Franklin] in the face, causing personal injuries."

Since Sellar was acting in his capacity as manager, Franklin's suit includes the Dublin, Ohio-based fast-food chain as a co-defendant. She alleges their "deliberate and reckless misconduct" has caused her to incur "physical pain and suffering, mental anguish, limitations in her activities, and a diminution in her ability to enjoy life."

Franklin is represented by Charleston attorney William H. Harding. She is seeking unspecified damages, court costs, attorney fees and interest.

The case is assigned to Judge Tod J. Kaufman.

Kanawha Circuit Court case number 09-C-1620

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