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WA court decision helps Burger King spit lawsuit

Published On: Jan 31 2013 04:44:41 PM CST
Updated On: Jan 31 2013 04:57:28 PM CST
Burger King Whopper hamburger, burger, fast food

Michael Caronna/Reuters

SEATTLE -

The state Supreme Court has ruled in favor of a Washington state sheriff's deputy who says he suffers ongoing emotional distress after finding someone spit in his burger.

The court's decision on Thursday says state law allows for compensation of consumers who suffered emotionally because of a product failure, which will likely allow Clark County deputy Edward Bylsma's lawsuit against Burger King for the spitting incident to continue in federal court.

The 9th Circuit Court of Appeals had asked the state Supreme Court to weigh in on the state's product liability law.

The seattlepi.com reports Thursday's decision doesn't settle the matter, but would instead be used by the Appeals Court should it issue a decision.

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