VANCOUVER, Wash. – A lawsuit over a loogie-laced Whopper with cheese, filed by a Clark County sheriff's deputy against Burger King and the operator of its Northeast Gher Road restaurant in Vancouver, has landed in Portland's U.S. District Court.
On Tuesday, attorneys for Clark County Sheriff's Deputy Ed Bylsma filed an eight-page complaint for damages. They are asking for at least $75,000 from Burger King and Kaizen Restaurants, the eatery's Beaverton, Ore.-based operation company.
KATU covered how Deputy Bylsma used DNA testing to prove a fast-food worker spit and possibly wiped his behind on a deputy's drive-through burger in this Bob Heye story: "Tainted-burger lawsuit." Court documents say the Burger King on Northeast Gher Road was frequented by Clark County deputies, as it's one of the only restaurants in the area open overnight.
Twenty-two-year-old Gary Herb of Vancouver prepared the burger; Jeremy McDonald served it up.
"Gary Herb and Jeremy McDonald had criminal records, including convictions for assault and burglary, and one (reportedly McDonald) has Hepatitis," the suit contends. The suit alleges that "defendants were negligent in their selection, training, and supervision of its employees, including, without limitation, failing to adequately screen, instruct and supervise them, and failing to provide them with adequate standards, as regards to reasonably necessary health and safety practices to prevent the contamination of food."
The crime lab report identified Herb as the match to the DNA profile from the spit on the burger, and a warrant was issued for his arrest in April 2009. Herb was arrested, pleading guilty to felony assault. He was sentenced to 90 days in jail.
Burger King officials report both Herb and McDonald were fired "for violating procedures." However, the lawsuit contends that an investigator notified a Burger King manager in April 2009 of early tests indicating someone had spit on the burger. The next step was collecting DNA saliva swabs from the two workers on duty that night.
In an apparent attempt to hamper the investigator's efforts, the case alleges that the Burger King manager told Herb to say that he was on vacation. Police obtained a search warrant to collect the swabs instead.
Court documents state "the amount in controversy, without interest and costs, exceeds the sum or value specified by 28 U.S.C. § 1332." According to U.S.C. § 1332, that means the lawsuit amount must be larger than $75,000.
[url]http://www.katu.com/news/local/90857244.html[/url]
:cop: used :science:
That's some CSI shit right there.
Tax dollars being used for the best.
A guy named Jeremy McDonald works at Burger King?
Seems a tad extensive just to prove some kid spat on your burger.
What a badass.
"One hamburger...
...for a cop."
[QUOTE=dirty harry;21352651]A guy named Jeremy McDonald works at Burger King?[/QUOTE]
I used to know a Josh King that worked at an A&W.
[QUOTE=RedBlade2021;21354450]"One hamburger...
...for a cop."[/QUOTE]
What about my liter of cola
Teach those stupid pricks a lesson about messing with the law.
That's not extensive at all.
if one of the kid has hepatitis and spat on his burger, that's disgusting. Not like it can be transfered that way... or can it? I'm not sure. But still, that's fucking nasty.
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