Ninth Circuit Returns Contaminated Burger Case to District Court

The Ninth Circuit Court of Appeals has reversed a district court ruling
dismissing the emotional distress claims filed by a deputy sheriff who alleged
that Burger King employees served him a hamburger tainted with spit, in light
of a Washington Supreme Court ruling that the state’s product liability law
would allow relief for emotional distress damages in the absence of physical
injury. Bylsma v. Burger King Corp., No. 10-36125 (9th Cir., decided February
12, 2013). Details about the state high court ruling in response to the question
certified to it by the Ninth Circuit appear in Issue 470 of this Update.

The Ninth Circuit remanded the matter to the district court with instructions
to give the deputy sheriff the opportunity to amend his complaint to conform
to Washington law and then to allow the lower court to determine whether
he has pleaded “the necessary facts to support his emotional damages claim
under the [state’s product liability law] as now interpreted.” The sheriff did
not consume the hamburger once he observed the contamination, but still
claimed that he had lingering physical and emotional problems that required
professional treatment.