A Marshall County deputy is suing a local Wendy's franchise after a restaurant employee admitted to placing his body hair on a sandwich.

Deputy Rodney Sleeth and his wife, who are represented by Wheeling attorney David Jividen, brought 11 counts against three former Moundsville Wendy's employees and the restaurant itself.

One of the former employees, Thomas Bender, previously admitted he put the hair on the sandwich then served it to the deputy at the drive-through in March. The deputy noticed the hair before he ate the sandwich. Bender was fired and took a plea bargain before heading to a criminal trial.

The lawsuit says Bender "breached the duty of care owed to the plaintiff by conspiring and to adulterating food being prepared … causing the plaintiff injuries."

A second employee, Joshua Monroe, was fired and has not yet been to trial. Monroe is accused of encouraging the act.

The civil lawsuit also names a third person, Cassandra Grover, who was the manager at the time and was the third person fired from the restaurant.

The suit further alleges that the company that owns the restaurant, Primary Aim, "failed to exercise reasonable care to employ competent and careful employees that could protect its patrons."

Tim Thompson of the Moundsville Wendy's said, "It would be inappropriate for me to comment at this time as the matter is the subject of a pending civil lawsuit. The individuals alleged to have engaged in wrongdoing are no longer with the company."

The lawsuit lists negligent hiring practices and alleges Wendy's failed to use an adequate interview process or screening process in hiring several employees.

In the 20-page complaint, Sleeth said he is seeking damages because he "suffered and will suffer in the future mental anguish including aggravation, inconvenience and/or annoyance."

His wife is also on the lawsuit and contends she "suffered a loss of Rodney Sleeth's affection, services, society, companionship and consortium."

The plaintiffs are demanding a trial by jury on all 11 counts. Stay with NEWS9 and WTOV9.com for continuing coverage.