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Arby’s manager died after being trapped in freezer, lawsuit says

cigaretteman

HR King
May 29, 2001
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On the morning of May 11, workers who arrived to start their shifts at a Louisiana Arby’s found the doors locked and, with no way to enter, returned home. That evening, a regional supervisor noticed from afar that no sales had been recorded for the day and asked employee Nguyen Le to check on the store, which was managed by his mother, Nguyet.


He arrived to a horrifying discovery: his mother collapsed facedown on the floor of the restaurant’s walk-in freezer in the fetal position.
Nguyet had become trapped in the freezer after arriving at the restaurant to open that morning, according to Le’s attorney and a lawsuit filed by Le and his family.
The restaurant’s operators had neglected to fix the latch on the freezer door, which had been broken since as early as August, the lawsuit alleges. Employees had been using a screwdriver to open and close the door and propping it open with a box of oil.



Nguyet, who was working at the Louisiana restaurant on a temporary assignment, died of hypothermia after becoming trapped in the freezer, the lawsuit says.
Le and several other family members on Thursday sued Arby’s, brand owner Inspire Brands, Arby’s franchisee Turbo Restaurants and restaurant management services company Sun Holdings, which owns Turbo Restaurants, in Harris County, Tex., alleging gross negligence.
An Arby’s spokesperson said the New Iberia restaurant is independently owned and operated by Turbo Restaurants and deferred comment to the franchisee and Sun Holdings.
Sun Holdings’ counsel did not provide comment. A New Iberia police spokesperson said an investigation into Nguyet’s death is ongoing.

Nguyet, 63, was a widow and mother of four who lived in Harris County and served as restaurant manager of a Houston Arby’s, according to Le’s lawsuit.


Through their attorney, Le and his siblings declined to comment. Nguyet’s death devastated the “very, very tightknit” family, said Paul Skrabanek, Le’s attorney.
In February, Nguyet’s supervisor had directed her to manage the Arby’s in New Iberia, La., on a temporary assignment, the lawsuit states.
“I think she was a great employee,” Skrabanek said. “They trusted her, she did a great job [and] she was diligent at what she did.”
The assignment, which was intended to last about a month, began approximately six weeks before Nguyet’s death. It was extended after four weeks, Skrabanek said, and Nguyet was still working at the Louisiana Arby’s on May 11 when she arrived about 9 a.m. to open the restaurant.

No other restaurant employees were present when Nguyet became trapped, the lawsuit states. An investigator later reported that the inside of the freezer door was bloodied and speculated that Nguyet had beat her hands on the door in a panic, pounding for help.


Le, Nguyet’s oldest son, who lived with her and also accompanied her to work at the Louisiana Arby’s, discovered his mother around 6 p.m. after arriving to check on the restaurant. Le called an ambulance for Nguyet, but she was pronounced dead at the scene, KATC initially reported.
Nguyet’s manager, the regional supervisor, was aware of the faulty freezer door at the restaurant to which Nguyet was assigned, Le’s lawsuit alleges. According to a former employee at the Louisiana Arby’s, Nguyet’s supervisor had visited the New Iberia restaurant in August when the broken door latch was reported, but no repairs were ever made, according to the lawsuit.
 
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On the morning of May 11, workers who arrived to start their shifts at a Louisiana Arby’s found the doors locked and, with no way to enter, returned home. That evening, a regional supervisor noticed from afar that no sales had been recorded for the day and asked employee Nguyen Le to check on the store, which was managed by his mother, Nguyet.


He arrived to a horrifying discovery: his mother collapsed facedown on the floor of the restaurant’s walk-in freezer in the fetal position.
Nguyet had become trapped in the freezer after arriving at the restaurant to open that morning, according to Le’s attorney and a lawsuit filed by Le and his family.
The restaurant’s operators had neglected to fix the latch on the freezer door, which had been broken since as early as August, the lawsuit alleges. Employees had been using a screwdriver to open and close the door and propping it open with a box of oil.



Nguyet, who was working at the Louisiana restaurant on a temporary assignment, died of hypothermia after becoming trapped in the freezer, the lawsuit says.
Le and several other family members on Thursday sued Arby’s, brand owner Inspire Brands, Arby’s franchisee Turbo Restaurants and restaurant management services company Sun Holdings, which owns Turbo Restaurants, in Harris County, Tex., alleging gross negligence.
An Arby’s spokesperson said the New Iberia restaurant is independently owned and operated by Turbo Restaurants and deferred comment to the franchisee and Sun Holdings.
Sun Holdings’ counsel did not provide comment. A New Iberia police spokesperson said an investigation into Nguyet’s death is ongoing.

Nguyet, 63, was a widow and mother of four who lived in Harris County and served as restaurant manager of a Houston Arby’s, according to Le’s lawsuit.


Through their attorney, Le and his siblings declined to comment. Nguyet’s death devastated the “very, very tightknit” family, said Paul Skrabanek, Le’s attorney.
In February, Nguyet’s supervisor had directed her to manage the Arby’s in New Iberia, La., on a temporary assignment, the lawsuit states.
“I think she was a great employee,” Skrabanek said. “They trusted her, she did a great job [and] she was diligent at what she did.”
The assignment, which was intended to last about a month, began approximately six weeks before Nguyet’s death. It was extended after four weeks, Skrabanek said, and Nguyet was still working at the Louisiana Arby’s on May 11 when she arrived about 9 a.m. to open the restaurant.

No other restaurant employees were present when Nguyet became trapped, the lawsuit states. An investigator later reported that the inside of the freezer door was bloodied and speculated that Nguyet had beat her hands on the door in a panic, pounding for help.


Le, Nguyet’s oldest son, who lived with her and also accompanied her to work at the Louisiana Arby’s, discovered his mother around 6 p.m. after arriving to check on the restaurant. Le called an ambulance for Nguyet, but she was pronounced dead at the scene, KATC initially reported.
Nguyet’s manager, the regional supervisor, was aware of the faulty freezer door at the restaurant to which Nguyet was assigned, Le’s lawsuit alleges. According to a former employee at the Louisiana Arby’s, Nguyet’s supervisor had visited the New Iberia restaurant in August when the broken door latch was reported, but no repairs were ever made, according to the lawsuit.
Just awful. Sue them into oblivion.
 
Awful.

I wonder what improper latch they were using on the freezer door. 30 years ago our freezers had a handle on the inside wall that you could turn that could prevent the door from locking or unlock the door from the inside in the event that you got stuck in there. We always had a beer keg to prop the freezer door open while we were doing inventory. We also had a holdup alarm button hidden in the freezer and coolers. Apparently, that 1980s technology is too much to ask of these private equity owned fast food joints.

I also seem to remember that there was an on/off switch on the freezer blower unit that you could turn off either if we took everything out and scrubbed the floors and walls or if the refrigeration tech needed to work on the equipment.
 
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A faulty latch of that type can be replaced for less then $200/labor and parts. Pennywise and pound foolish. If for some reason one of my cohorts here finds themselves in a similar situation, you can attempt to disable the cooling unit fan by either severing the electrical power source or stick something into the fan to stop the blades from spinning. Eventually the compressor unit will just shut off.
 
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