updated 11/23/2008 11:40:10 AM ET 2008-11-23T16:40:10

Here's some food for thought: If you have nude photos of your wife on your cell phone, hang onto it.

Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald's restaurant and the photos ended up online. Now he and his wife, Tina, are suing the McDonald's Corp., the franchise owner and the store manager.

The suit was filed Friday and seeks a jury trial and $3 million in damages for suffering, embarrassment and the cost of having to move to a new home.

The suit says that Phillip Sherman left the phone the Fayetteville store in July and that employees promised to secure it until he returned.

Manager Aaron Brummley declined to comment, and other company officials didn't return messages.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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