mcdonalds.JPG

A Multnomah County Circuit Court lawsuit claims that a homeless man paid a dear price for complaining about a burnt sandwich.

(The Associated Press)

Update at 2:55 p.m.: Police have provided information about a call regarding an employee listed as a defendant in this case. The story has been updated.

A homeless man is suing a Northeast Portland McDonald’s and one of its employees for nearly $48,000, claiming he was berated for being homeless and whacked in the head with a “wet floor” sign after he complained that his Sausage McMuffin was burnt.

Kevin Pearce in the lawsuit claims he is mentally disabled, hearing impaired and has poor eyesight. Even so, after buying the $2 sausage sandwich, he unwrapped it and could see that “the sausage within the sandwich was blackened and heavily burnt.” He asked employee Esgar Lopez Coy for a new sandwich or his money back, but Lopez Coy refused.

“In lieu of replacement or refund, defendant Coy began issuing verbal insults, laced with expletives, at plaintiff,” says the suit, which Portland attorney James Niedermeyer filed Thursday in Multnomah County Circuit Court. “These insults were based upon plaintiff’s socio-economic status and homelessness.”

The suit states that Pearce put the burnt sandwich on the counter and left the restaurant, at 1520 N.E. Grand Ave. While Pearce stood on the sidewalk, Coy came up from behind and struck him with the edge of the wet-floor sign then followed that up with a blow to Pearce's collarbone, the suit claims. Bystanders witnessed the May 20, 2012, incident, the suit says.

It claims Pearce was knocked unconscious. He was treated at Legacy Good Samaritan Medical Center for a concussion; bruises to his head, neck and shoulder; and sprains and strains to his neck and shoulder, the suit says.

Coy couldn't immediately be reached for comment, and it's unclear if he still works there. A spokeswoman for the restaurant declined comment. The restaurant is operated by the franchisee Wack Co Restaurants Inc., according to the suit.

Portland police weren't called to the restaurant on May 20, the date the suit says the assault on Pearce occurred. And Coy wasn’t charged with a crime.

But police say that four days earlier, on May 16, they received a call about an assault listing Coy as the victim. Coy told an officer that an unidentified customer who looked to be homeless complained about a food order, punched Coy in the face and ran off.

Pearce is suing for $15,000 in noneconomic damages for his pain and suffering. He’s seeking economic damages of $841 for medical bills, $150 for his broken glasses and $2 for the sandwich.

Any award could be tripled under Oregon’s “vulnerable person” law, if it’s found that Pearce is deemed as such.

-- Aimee Green