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Family hires attorney after fight outside fast food restaurant in Memphis

Updated: Jun. 11, 2021 at 9:55 PM CDT
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MEMPHIS, Tenn. (WMC) - A Memphis family says when they tried to get a refund on undercooked fish, they got a big surprise.

There was no refund and a beatdown by employees at a fast food restaurant. They have the video of the fight and an attorney.

“I think this is terrible we had to go through something like this, being that we are already going through something, just left the hospital,” said Nikira Wilkins-Clay.

Wilkins-Clay and her two daughters were at the Regional One Medical Center where a nephew was in ICU after a car accident. They got hungry so their daughter, Destiney Abston, went to Captain D’s on Crump, purchasing $30 worth of fish and macaroni and cheese dinners.

“I said Destiney this is half done and the macaroni is watery,” said Wilkins-Clay.

So, Wilkins-Clay and her two daughters decided to go back to the restaurant and ask to exchange the food. She says she handed the food, initially purchased, through the drive-through window. She says the restaurant was closed to indoor dining.

She says another employee came to the window and said there would be no exchange because no food was in the returned bag, Then, she says she was told to pull up to the door.

“For me it was terrifying, especially when I was down in the ground when she was stomping me,” said Wilkin-Clay’s daughter, Destiney Abston.

The family says when Abston started complaining, employees poured out of the restaurant and started fighting. Video captured by a motorist in line and obtained by the family’s attorney shows an employee on top of Abstton. She is being beaten and at one point, the employee sat on her.

“She spit on me. She said she didn’t care anything about killing me,” Abston said.

You can see Wilkins-Clay in a purple wig trying to break up the fight and she was also hit. Abston shared photos with WMC, showing two black eyes and cuts on her face.

According to a police report, officers saw the fight and pulled over. Police did not charge anyone because of conflicting stories. Their attorney, Robert Spence, said

“The fact that they were treated this way is abhorrent. I’m going to make sure Captain D’s is responsible for the actions of their employees,” said the family’s attorney, Robert Spence.

WMC contacted Captain D’s office for a comment but has not yet heard back.

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