PHOENIX, Aug. 6, 2024 /PRNewswire/ — Giles Law, PLLC has filed a formal complaint against Burger King Company, LLC in the United States District Court, District of Arizona, alleging discrimination, negligence, and intentional infliction of emotional distress, among other charges. The complaint, filed July 22, 2024, alleges outrageous treatment of Dusty, a frequent customer with an intellectual disability, at Burger King store #25002 located at 12309 West Camelback Road, Litchfield Park, Arizona.
Summary of Complaint:
According to the complaint, Dusty, an adult in her 30s with a disability limiting her cognitive abilities to those of a young child, was humiliated and forced to clean biohazardous waste in the restaurant’s bathroom by Burger King employees on February 17, 2024. Despite her disability being allegedly known to the staff, the Complaint states that Dusty was publicly scolded and coerced into cleaning the bathroom under false pretenses and threats.
The detailed allegations include:
- Public Humiliation: Dusty was allegedly falsely and publicly accused of causing a biohazardous mess in the bathroom and forced to clean it up.
- Exploitation of Disability: Burger King employees allegedly took advantage of Dusty’s limited cognitive abilities, lying to her and coercing her into cleaning the mess.
- Negligence and Lack of Training: The complaint accuses Burger King of failing to appropriately train its employees on such situations, allegedly resulting in Dusty’s humiliation and mistreatment.
The Complaint Raises the Following Legal Claims:
- Violation of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12182): Discrimination based on one’s disability, in this case, by depriving Dusty of the full and equal enjoyment of the restaurant’s services and privileges.
- Violation of Arizona ADA (A.R.S. § 41-1492): Similar to the federal ADA violation.
- Assault and Battery: Intentionally causing one to fear for her safety and freedom, including, in this case, allegedly forcing Dusty into contact with human feces.
- Intentional Infliction of Emotional Distress: Outrageous conduct causing severe emotional distress.
- Negligence: Breaching the duty to act reasonably.
- Negligence/Tortious Conduct – Respondent Superior: Liability of an employer for its employees’ tortious actions performed within the scope of their employment.
- Negligent Training: Failure to train employees properly, including allegedly on the handling of biohazardous waste.
- False Imprisonment: Restraining one’s freedom of locomotion under threat and coercion.
The plaintiff seeks injunctive relief requiring Burger King to implement policies, procedures, and training to prevent future incidents, along with compensatory and punitive damages for the emotional and physical distress caused to Dusty.
Case: 2:24-cv-01805-SMB
About Giles Law, PLLC:
Giles Law is honored to defend the rights of vulnerable individuals and pursue justice. The firm offers a broad spectrum of legal services, including business litigation, corporate and business transactions, and probate litigation. Additionally, Giles Law provides local counsel and fractional general counsel services, tailored to meet the unique needs of its clients.
SOURCE Giles Law, PLLC
