9th Circ. Revives Deputy's Burger King Spitburger Suit

Law360, New York (February 12, 2013, 5:24 PM EST) -- The Ninth Circuit on Tuesday gave a Washington state sheriff’s deputy a second chance to sue Burger King Corp. for emotional distress over a Whopper he says a Vancouver Burger King served him covered in spit, reversing a lower court’s dismissal of the case.

The federal appeals court overturned the lower court's decision dismissing Clark County Deputy Sheriff Edward Bylsma's case after the Washington Supreme Court confirmed that claims such as the deputy's are allowed under the Washington Product Liability Act. The Ninth Circuit had asked...
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