The suit that the former wife of Subway's ex-pitchman, Jared Fogle, filed against the parent company Doctor's Associates and two other related entities will have to be heard somewhere else. A Boone Superior judge in Indiana Wednesday dismissed the case in that jurisdiction saying it must be heard in a court with authority over the Subway defendants, according to a story in the Indianapolis Star.
Judge Matthew Kincaid on Tuesday dismissed Kathleen "Katie" McLaughlin's suit against the company and Franchise World Headquarters LLC, as well as the Subway Franchisee Advertising Fund Trust. McLaughlin's legal action claimed that Subway executives had been warned Fogel was sexually interested in children but never took any action.
Fogel was sentenced to 15 years in federal prison after pleading guilty in 2015, to charges of possessing child pornography and having sex with a minor. McLaughlin's lawsuit — filed by her and the couple's two children — alleged Subway executives were told multiple times that their now-former pitchman was attracted to youngsters sexually and had exploited children. In the suit, McLaughlin alleges Subway not only failed to take action on those reports but continued to push Fogle's family man image and schedule speaking engagements with children.
Ms. McGlaughlin will have to pursue these claims in another court with personal jurisdiction over the Subway defendants," the judge wrote this week in Indiana. The three defendant entities named in the dismissed Indiana case are located in Florida and Connecticut.
In response to the court's action this week, a Subway spokesman told QSRweb, "We are pleased that the Indiana state court recognized that it did not have jurisdiction and dismissed all claims."