A Clark County sheriff’s deputy is seeking unspecified compensatory damages and a change in Burger King’s hiring and supervision policies after an employee at one of the restaurant’s Vancouver locations spit on his hamburger, according to a lawsuit the deputy’s attorneys say they plan to file this week.
Gary Herb, the 22-year-old former employee who spit on Deputy Ed Bylsma’s hamburger in March 2009, received 90 days in jail after pleading guilty last year to one count of third-degree assault against an officer.
Another employee, who was on shift in March 2009 when Bylsma went through the drive-through on Northeast Gher Road last year wearing his full uniform and driving a marked vehicle, may have hepatitis, according to an e-mailed news release announcing the lawsuit.
The lawsuit, Bylsma’s attorneys said, will allege the restaurant chain and co-defendant Kaizen Foods Inc., which owns Burger King franchises throughout the Northwest, failed to apologize or provide Bylsma with assurances the event would not be repeated, according to the e-mailed announcement. Herb’s test could not rule out feces, said Anne Bremner, one of two attorneys from Seattle-based Stafford Frey Cooper representing Bylsma.
“They didn’t do anything to screen employees,” said Bremner, who added some details of the suit are being finalized.
As a result of Herb’s sentencing, he was ordered to be tested for hepatitis and other communicable diseases. Requests to have the other employee tested were denied, according to the e-mail.
“It’s not just about two punks doing something really disgusting to a burger,” said Darrin Bailey, another attorney representing Bylsma. “It’s a public health issue.”
Bylsma’s attorneys say since the incident, the deputy eats only home-cooked meals out of fear of contracting communicable diseases.
In the media release announcing his intention to sue the fast-food giant, Bylsma said he inspected his Whopper because he could tell something was “amiss” when the employee handed over his food. He peeled away the patty and discovered a thick glob of saliva.
“I have heard of fast-food employees doing things to police officers’ food before, but I never thought that this would happen to me,” Bylsma said in the release.
A request to interview Bylsma was declined by his attorneys.
“What happened on the criminal side isn’t going to provide any assurances that Burger King is going to make changes,” attorney Bailey said.
A Burger King spokesman in an e-mail called food safety “non-negotiable.”
Upon learning of the incident, Kaizen Restaurants Inc. began an immediate investigation that ended with the firing of both employees, spokesman Miguel Piedra wrote in the e-mail.
“This incident was a clear violation of the stringent food safety and handling procedures in place for all Burger King restaurants,” Piedra wrote.
Bylsma and his attorneys, nonetheless, don’t believe there are enough safeguards in place to prevent a similar incident from happening.
“The problem has its best remedies in getting Burger King’s policies changed,” Bailey said.
