The family of an Arby’s manager is suing the fast food chain for $1 million weeks after their loved one froze to death while locked inside an allegedly broken freezer.
Manager Nguyet Le, 63, of Houston, was found dead on May 11 at the Arby’s location in New Iberia, Louisiana, according to court documents. Le’s body was found by her son, who also worked at the store.
A preliminary autopsy determined that Le died from hypothermia. Company policy requires the freezer to be at least -10 degrees.
A lawyer for the family said that they filed the lawsuit after the fast food chain hadn’t responded to multiple inquiries into Le’s death.
“I think once you see the police report, you’re going to see how horrific this was and how it was described to me,” family attorney Paul Skrabanek told KLFY-TV, the CBS affiliate for Lafayette, Louisiana.
“Her getting caught into this freezer and trying to beat on the door until her hands were bloody. There was blood all over the door and then she collapsed into a fetal position before freezing face-first to the floor,” the lawyer continued.
Mr. Skrabanek said that Le was a general manager in Houston who was temporarily reassigned to help with the New Iberia location. She was nearing the end of the assignment when she died.
A former employee said that the broken freezer latch had been an issue since last August, according to court filings.
The lawsuit said that restaurant staff used a screwdriver to help open and close the latch to the walk-in freezer. Other employees would prop open the door with a box of oil to avoid closing the door completely.
The lawsuit was filed last Thursday in Texas and accuses Arby’s of negligence, gross negligence and wrongful death.