West Hollywood : McDonald’s Settles Suit

McDonald’s Corp. has reached out-of-court settlements with West Hollywood residents who sued the fast-food chain over its operation of a drive-through restaurant next to their apartment complex, lawyers said this week.

The company has agreed to pay a “substantial” sum of money to the three original plaintiffs, Iris Rodney, Bernard Fishman and Hilda Fiddleman, according to their lawyer, Neville L. Johnson. They live in an apartment complex at 1425 N. Crescent Heights Blvd., just behind the restaurant.

McDonald’s and its major delivery company also agreed last week to pay about $105,000 to 14 other residents of the apartment complex, 12 of whom have sued the company and two who were planning to sue, Johnson said.

The restaurant also agreed to build a covering over the drive-through operation, located at 8152 Sunset Blvd., to shield the apartment dwellers from excess noise and car exhaust fumes, Johnson said.

John Ward, a lawyer for McDonald’s, confirmed the settlement and the promise to cover the drive-through. He declined to say how much the plaintiffs would be paid.

Rodney, Fishman and Fiddleman sued the franchise and its parent company in late 1989, alleging that the drive-through kiosk was so close to their windows that they could hear motorists “scream at each other” until 4 a.m. In addition, they alleged, they were subjected to “horrid” car exhaust fumes, unwelcome stares from impatient patrons waiting for their food, and “sickening and oppressive” odors from restaurant trash bins.

The lawsuit by the 12 additional plaintiffs alleged similar problems.