McDonald's franchisee hit with two lawsuits on same day

WINFIELD -- A local McDonald's franchisee was the subject of two lawsuits filed the same day in Putnam County.

On Oct. 10, Macatac Management Services Inc. was named as a defendant in two lawsuits filed in Putnam Circuit Court.

In one suit, Sheila and Charles Roberto claim they visited the Hurricane McDonald's on March 4, 2011. After purchasing and consuming uncooked and/or undercooked Chicken McNuggets, both say they became ill.

The Robertos claims damages of temporary and permanent bodily injuries, past and future medical expenses, past and future pain and suffering, past and future loss of enjoyment of life, past and future mental anguish and emotional distress and an inability to conduct normal activities. Charles Roberto also claims lost wages and diminished future earning capacity. Both also claim loss of consortium.

They seek compensatory damages, court costs, interest and other relief. They are represented by Logan attorneys Kendal E. Partlow and John C. Blair.

In the other suit, Brian T. Racer says he was visiting the St. Albans McDonald's on Oct. 12, 2010, when the metal lid on the self-service ice machine fell and hit him in the back of the head.

According to the complaint, the lid weighed 10-12 pounds, and he experienced pain in the head neck and shoulders as well as blurry vision and dizziness.

Racer was taken to CAMC Teays Valley, where he was diagnosed with a head compression trauma known as an intractable cervical disc injury.

He seeks compensatory damages, attorney fees, expenses and possible punitive damages. He is represented by Richard E. Holtzapfel and David A. Holtzapfel.

Both cases have been assigned to Circuit Judge Philip M. Stowers.

Putnam Circuit Court case numbers: 12-C-315 (Racer) and 12-C-318 (Robertos)