Mother, daughter suing Burger King after beat down over ice cream cone

 Posted:May 29, 2013 9:08 PM CDTUpdated: May 30, 2013 7:04 PM CDT
(WMC-TV) – A Memphis family claims all they wanted was a new ice cream cone, but all they got was a beat down.
Surveillance video shows a beat down at a Frayser Burger King.  Now, customers Diane Dunlap and her then-17-year-old daughter Dynesha Clayborne are suing for millions.
“I’ve been in a lot of fast food restaurants in my time but never seen one that exhibited this kind of behavior by the employees. It’s just shocking,” attorney Robert Spence said.
Spence has filed a lawsuit against the owner and manager of the Frayser Burger King as well as Burger King Corporation.Burger King Corporate has yet to respond to Action News 5's request for comment.
It involves a fight in September last year inside the restaurant with two customers who wanted an ice cream cone and employees. Spence says a mother and her 17-year-old daughter came to the Burger King to study. They ordered an ice cream cone.
But when the manager sneezed into her hands before making it they asked for another one.
The video shows the mother and daughter packing up their computers to leave. Then an employee rushes them and the fight begins. The manager joined the fight with the 17-year-old. There was another fight with the mother.
Spence said at one point employees grabbed  metal advertising frames using them as weapons.
The fight eventually ended. But the police were called, and they took a report.
Spence said the mother and daughter tried to work something out with Burger King Corporate. When that didn’t work they hired Spence who tried to work something out with Burger King.
We wanted to talk with the owner of the Burger King, Bennie Marshall.  A very polite manager called his office, which answered with “no comment”.
We also tried to contact Burger King Corporate Headquarters in Miami several times but never got an answer.
Clayborne and Dunlap are asking for $3 million.

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