Hoax Phone Call Leads to Sexual Assault of McDonald's Employee

Between 1994 and 2004, an unknown person claiming to be a police officer placed more than 30 hoax calls to McDonald’s and other restaurants. The caller instructed employees and managers to perform strip searches and sexual assaults against each other. Many of the hoax calls occurred in Kentucky.

Hoax Call & Attack on Louise Ogborn

On August 9, 2004, 18-year-old Louise Ogborn worked a second shift at the Mt. Washington McDonald’s after the manager asked her to cover for an employee who called out for the day. Soon thereafter, the unknown hoax caller phoned the store.

The caller identified himself as a police officer. He told the manager, Donna Summers, he was investigating the theft of a purse at the restaurant. He explained that an employee took the purse, then provided a description. Summers immediately thought Ogborn fit the description. She called the teen into the office and explained she fit the description of the person involved in a theft that police were investigating.

Over the next three hours, the caller convinced Summers to strip search Ogborn and forced a third employee to sexually assault her.

Strange Requests Made by Caller

The caller told Summers that Ogborn had two choices: agree to a strip search by managers or come to the police station and get arrested. Ogborn agreed to be strip-searched. Summers followed the caller’s instructions and told Ogborn to undress. Summers took Ogborn’s clothing, cell phone, and other personal effects and removed them from the office.

The night manager, Kim Dockery, arrived amidst all of this. She provided Ogborn with an apron to clever up, then went about her manager duties in the front of the store.

Summers Calls Male Employee

The caller then instructed Summers to find a male employee to sit with Ogborn. Summers grabbed the cook, Jason Bradley, who then took the phone. Several minutes later, Bradley left the office and handed Summers the phone.

Summers' Fiance Sexually Assaults Ogborn

Upset, the caller asked Summers if she was married. She told him that she was engaged. He then instructed her to call her fiance to come to sit with Ogborn. She did as the caller instructed and her fiance, Walter Nix, arrived at the restaurant a short time later. Summers left Nix alone in the office with the still-naked Ogborn, returning only briefly to check on them.

Ogborn repeatedly objected to what was taking place.

Following the instruction of the caller, Nix forced Ogborn to perform humiliating physical acts, conducted a cavity search of her body, and physically assaulted and spanked her before sexually assaulting her. Nix left two hours later and Summers returned to the office with Ogborn. She repeatedly asked Nix to stop, asked for her clothing, and asked to leave but the managers at the store denied her requests.

Maintenance Man Determines Call Was a Hoax

Summers said she was not aware of the sexual assault that had just occurred.

She then called the maintenance man, Tom Simms, into the office. He identified the call as a hoax and hung up the phone. He then called the General Manager, Lisa Siddons, to the store. Siddons called the police when she arrived.

Case Aftermath

McDonald’s terminated Summers. Nix was arrested and found guilty of three felony charges. Summers was charged with a misdemeanor crime. She entered an Alford plea in the case.

Police suspected David Stewart, a Florida security guard, of making the hoax calls. He was charged in the incident but acquitted of all charges. The identity of the caller remains unknown to this day.

McDonald’s Corporation was aware of the hoax calls that had been coming into the restaurants. Corporate managers nonetheless decided against warning restaurant management or employee of the calls.

Ogborn filed a lawsuit against McDonald’s Corporation, Summers, and Dockery. McDonald’s filed a third-party lawsuit against Nix. Summers filed a cross-complaint against McDonald's. The restaurant then filed a complaint against David Stewart. The suit against Stewart was dismissed upon his acquittal.

Ogborn won $1,111,312 in compensatory damages and $5,000,000 in punitive damages in her lawsuit against McDonald’s. Summers also won her lawsuit against the restaurant, pocketing $100,000 in compensatory damages and $1,000,000 in punitive damages.

McDonald’s appealed the decisions.

The entire incident was captured on surveillance camera from the restaurant office.

Case Information:

https://caselaw.findlaw.com/ky-court-of-appeals/1505641.html