Hilton Head woman sues Wendy’s for ‘outrageous’ 2022 shooting at drive-thru window
A Beaufort County woman is suing the Wendy’s fast food company and a former employee of their Hilton Head franchise, alleging the restaurant failed to prevent the worker from shooting at her in the drive-thru last year.
Filed Thursday in Beaufort County civil court, the lawsuit claims the restaurant demonstrated “negligent practices” by hiring the accused shooter and allowing him to be armed on the job. Layla Orellano, the plaintiff, is seeking damages for physical injuries and mental anguish incurred during the incident.
The shooting took place Aug. 19, 2022 at Hilton Head’s north-end Wendy’s, located on 2 Nature’s Way. Police say Orellano was waiting for her drinks when 19-year-old islander Fernando Montano, who was working the drive-thru window, returned with a gun, firing at least two shots at the woman’s car. The worker then ran from the building, continuing to shoot at the car while Orellano drove away, according to previous reporting.
Montano turned himself in less than a week later, facing charges of attempted murder, first-degree assault and battery, aggravated breach of peace, discharging firearms into a dwelling, unlawful carrying of a pistol and possession of firearms by a non-citizen, said Maj. Angela Viens, a spokesperson for the Beaufort County Sheriff’s Office. He is still in custody at the county jail on a $75,000 bond, records show. A trial date has not yet been scheduled.
One passenger in Orellano’s car reportedly had a gun. Viens would not say how many shots were fired in total or whether the passengers shot back at the drive-thru employee, but she previously told The Island Packet and Beaufort Gazette that Orellano and Montano likely knew each other.
“This is not a random act of violence from an employee to a customer,” Viens said. “We believe there is a relationship of some sort.”
Police did not say whether Orellano was struck by gunfire, but court documents claim she suffered “severe and disabling injuries” in the shooting.
John E. Parker, a Hampton attorney representing Orellano, declined to comment. A manager from the Wendy’s location on Hilton Head also declined to comment.
Representatives from Wendy’s corporate offices could not immediately be reached.
This story was originally published May 24, 2023 at 10:29 AM.
