UPDATE: Burger King Employee Spits In Deputy's Burger - Spokane, North Idaho News & Weather KHQ.com

UPDATE: Burger King Employee Spits In Deputy's Burger

VANCOUVER, Wash. (AP) - The case of a Clark County sheriff's deputy who in 2010 sued Burger King because an employee spit in his hamburger is heading to the Washington Supreme Court.

The issue is whether the state's Product Liability Act allows a plaintiff to collect damages for emotional distress without suffering any physical injuries, the Columbian of Vancouver reported.

Deputy Ed Bylsma's lawsuit, filed in U.S. District Court in Portland, was dismissed in late 2010, but he appealed.

Last week, the U.S. Court of Appeals asked the state Supreme Court to take a look at the case to resolve the "emotional distress" question.

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