A woman working at an East Point McDonald’s threw a man’s order at his head during an argument over extra ice, according to a lawsuit and an incident report.
Kevin Lee entered the franchise’s drive-thru March 9 and ordered a sausage biscuit and tea with extra ice. When he reminded employee Ashli Kindell about the extra ice at the window, she confronted him, the lawsuit says.
“During the verbal altercation, (Kindell) threw the tea at (Lee) striking him in the head and spilling into his 2013 Buick Verano,” the filing says. “(She) continued the assault by throwing the sausage biscuit at plaintiff, again hitting him.”
Lee is a military veteran who suffers from post-traumatic stress disorder episodes, “which he had been able to control prior to being attacked,” the May 24 lawsuit says, adding that the assault triggered an episode.
Jeff Lalo of Buckhead Law Group, who is helping attorney Dan Saxton on the case, said no one — and especially not a veteran — should be treated the way Lee was “in the name of civility."
McDonald’s corporate offices and the East Point location both declined to comment.
The East Point Police Department was called to the restaurant, located at 834 Cleveland Ave.
Kindell told them she retaliated by throwing the items after Lee was “very rude,” used obscene language and threw a bottle at her, according to an incident report. Lee disputed this, telling police she used profanity towards him, had a “very bad attitude” and threw the items at him.
The store supervisor showed police video of the incident. There was no audio, but police said it showed Kindell throwing the items, and a bottle on the floor that “could have possibly been thrown by” Lee after Kindell initiated the incident.
Kindell was charged with criminal trespass and simple battery.
The store manager refunded Lee’s money, the incident report says.
The lawsuit claims McDonald’s was negligent in keeping the establishment safe, providing adequate security and hiring Kindell.
Lee seeks a judgement in excess of $250,000.
Kindell and Goodrum Enterprises, doing business as McDonald’s Corporation, are listed as the defendants.
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