Arby's franchisee seeks arbitration in lawsuit over manager's death in New Iberia freezer
HOUSTON, Texas (KLFY) -- While a trial date has been tentatively set in the wrongful death lawsuit of a woman who died in a New Iberia Arby's restaurant, a Texas court must first decide if the case needs to go through arbitration.
Nguyet Le, 63, of Houston, was the acting manager of the New Iberia restaurant in May 2023 when she was found dead inside the walk-in freezer. The wrongful death lawsuit was initiated by her children shortly after against Arby's and the company that owns the local franchise.
Paul Skrabanek, the family’s attorney based in Houston, confirmed that attorneys representing the parties are set to meet in a Texas court Jan. 13 regarding the defendants' attempt to send the case to arbitration. He explained that arbitration means the outcome of the case would hinge on the decision of one person instead of a jury of 12 people.
Skrabanek believes the defendant's motion was an effort to derail strides made by the family's legal team.
"We believe that it's progressing very favorably for the plaintiffs and my clients, the surviving children of Miss Le," Skrabanek said, adding that the legal team has "a couple of legal hurdles" to get over in the next month before the focus can get back to the facts of the case.
"They filed this motion to kind of derail what we were doing. We were winning some stuff and they didn't like that," he continued.
According to the lawsuit, Le was a widow and the mother to four children. Her eldest child lived with her because he is "developmentally disabled" and also worked at Arby's alongside his mother.
In February 2023, Le was asked to work temporarily as the general manager of the Arby's on E. Admiral Doyle Drive in New Iberia. Before this, she had been the general manager of an Arby's location in Houston for several years.
Per the lawsuit, she and her son began working at the restaurant in New Iberia in April 2023.
On the morning of May 11, 2023, Le was dropped off at the restaurant so she could prepare it for opening. At some point, she had entered the walk-in freezer and became trapped after the door closed behind her.
"Ultimately, she collapsed into a fetal position face down on the frozen floor, where her body remained for several hours," the lawsuit reads. She was discovered later that day by her son.
The family alleges that investigators determined that Le panicked once she was locked inside the freezer, saying she had "beat her hands bloody on the door trying to escape or get someone's attention." The family further claims that the alarm system inside the walk-in freezer had been disabled, which prevented her from getting help.
According to the lawsuit, a regional manager of the restaurant knew of the damaged freezer door as of at least August 2022, when the regional manager had visited the New Iberia location. The family claims that items such as screwdrivers and oil containers were used to keep the freezer door open.
In mid-November, the company and franchisee said Le knew about the broken door but "failed to report or correct" the door's condition. They further claimed that Le "violated company policy by working in the store alone at the time of the alleged incident and chose to embark on a task without backup and outside of good common sense."
The defendants have argued in court documents that the family's lawsuit is improper because their claims fall within the scope of an arbitration agreement, meaning the claims should go through arbitration.
Additional reporting by KLFY reporter Britt Lofaso.