Insurer seeks removal from sex assault lawsuit: Former Wendy’s employee suing company, 2 supervisors [The Tribune-Democrat, Johnstown, Pa.]

July 18--An insurer is asking the federal court to remove it from liability after a teenage employee of the Bedford Wendy's was sexually assaulted there, and sued saying the restaurant looked the other way.

Firemen's Insurance Co. said it should not be held liable for the behavior of Wendy's International Inc., the local franchise or two former supervisors at the restaurant.

The insurer recently petitioned U.S. District Court in Johnstown to get out of the case.

It said the men were not acting within their duties and that Wendy's was not covered because the events were not an "accident" or "occurrence" under the policy.

The minor -- referred to in court documents only as LRE -- has sued Wendy's, local operator Wenventure Inc. of Richland, and Robert Lee Hines and Brian H. Klavuhn for money damages. That action is in Cambria County Court.

Hines, 27, pleaded guilty in June 2009 to the sexual assault of LRE, who is now 20, and is serving a prison term of three to six years at SCI-Coal Township, north of Harrisburg.

In September, Klavuhn, 27, of Altoona, pleaded no contest to indecent assault and received a term of two years' probation.

LRE worked at the Bedford Wendy's from May 2006, when she was 16, until August 2007.

LRE outlined abuse at the Bedford restaurant, including:

--That Hines verbally harassed her beginning in November 2006, repeatedly asking her to have sex with him.

By February 2007, the suit claims, he was grabbing her breasts and buttocks and saying things of a sexual nature.

--That Hines put his hands over her mouth and forcibly raped her in a bathroom stall on March 15, 2007.

--In mid- to late June 2007, Klavuhn blocked her way in a walk-in cooler at the Bedford restaurant.

He assaulted her, reportedly tried to kiss her and placed his hand inside her pants while making sexual remarks.

"The assault ended when LRE started to cry," according to the lawsuit.

According to LRE's suit seeking money damages, "Corporate defendants failed and/or refused to take any action to protect LRE.

"Wendy's and Wenventure did nothing more than schedule LRE and Hines to work separate shifts."

The company reportedly did not call police about the sexual assault.

Wenventure attorney Kevin Persio of Ebensburg did not immediately return a call for comment Friday afternoon.

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