Former Arby's Manager Charged With Felony After Customer Claims Spit in Food Led to Herpes Diagnosis

An Oklahoma woman is suing Arby's after a former manager allegedly spit in her food while experiencing an active herpes outbreak, leaving her with a permanent viral infection.

Jennica Church visited the Arby's drive-thru in Broken Bow, Oklahoma, on March 28, 2026, after a late night of work. She ordered a four-for-$10 sandwich deal and noticed the order was taking longer than usual. She brought the food home, ate one sandwich in the parking lot and shared the rest with her husband and an elderly relative receiving hospice care.

Days later, Church developed a lesion on her lip and was subsequently diagnosed with HSV-1, the virus responsible for oral herpes.

Surveillance Video and a Felony Charge

Police launched an investigation after a separate Arby's employee alerted authorities, claiming a co-worker had intentionally spit into a customer's food. Officers obtained surveillance footage from the restaurant and, according to a court affidavit, the video shows former manager Amanda Hendricks, 38, preparing sandwiches, lowering her head toward the food and saliva visibly falling onto the sandwich components before they were assembled and served.

When investigators confronted Hendricks, she allegedly told police there was no point denying it because the footage already existed.

Hendricks was charged with felony poisoning of food with intent to injure. She is being held in McCurtain County Jail. It was not immediately clear whether she has legal representation.

The Civil Lawsuit

Church and her family have filed a civil lawsuit against Hendricks, Arby's and its affiliated restaurant operator, Flynn Restaurant Group, which operates approximately 300 Arby's locations.

The lawsuit alleges Hendricks knowingly worked during an active herpes outbreak with visible lesions and that other Arby's employees witnessed the incident and did not intervene. It further alleges that when Church's family raised concerns after the incident, staff at the restaurant attempted to suppress the matter and offered free sandwiches as compensation. According to the civil complaint, Church's grandmother-in-law was separately offered $5.

"They let it go all the way out the door and my client now has a communicable disease," the family's attorney, Will Blocker, said in a statement to local outlet KJRH. "That has to be a culture deeper than Arby's in Broken Bow, Oklahoma. Maybe it's Flynn Restaurant Group and all 300 stores they own. I don't know, but we are going to find out."

The Impact on Church's Family

Church told KJRH she had a minor prior history with Hendricks but described it as nothing significant. The diagnosis, however, has had lasting consequences for her household. Because HSV-1 can be transmitted through saliva and shared utensils, family members who ate the same food fear potential exposure. Church has said she now lives in constant fear of transmitting the virus to her husband and children.

"My son was sitting at my table, eating breakfast, and he wanted a kiss, and he could not get one, so you bet I'm angry," Church's mother-in-law, Patricia Dollarhite, told reporters. "I see what it's doing to my grandchildren, my son, my husband."

Church also expressed concern about the impact on her professional life. She works in the service industry and said she would not want someone with visible symptoms serving food to her.

What Is HSV-1?

HSV-1 is among the most common viral infections worldwide. It is most often transmitted through direct contact with infected saliva. While antiviral medications can reduce outbreak frequency and lower transmission risk, there is no cure or approved vaccine. The virus can also spread during periods when no visible symptoms are present.

The lawsuit seeks compensatory damages including medical expenses and damages for physical pain and emotional distress. Arby's has not publicly responded to the allegations.

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