Clark County deputy sues Burger King over spit on his food

A Clark County sheriff's deputy has filed a lawsuit against Burger King, alleging the fast-food chain was negligent when one of its employees spit in his burger last spring.

Attorneys for Deputy Ed Bylsma filed the complaint Tuesday in U.S. District Court in Portland, seeking unspecified damages and a change in Burger King's hiring and supervision policies.

"There's been no assurance after the fact that they've changed anything," said Bylsma's attorney, Anne Bremner of Seattle. "We haven't gotten anything — not even an apology."

The eight-page complaint states that Bylsma received the contaminated burger at the drive-through restaurant at 5513 N.E. Gher Road on March 24, 2009. He was in full uniform and driving his patrol vehicle.

Bylsma said he inspected his Whopper because he could tell something was amiss when the employee avoided eye contact while handing him the food. He peeled away the patty and discovered a thick glob of saliva laced with phlegm, according to the complaint.

Fellow sheriff's deputies responded and collected evidence from the burger. Later testing at a crime lab showed the saliva matched that of 22-year-old former employee Gary Herb.

Herb was arrested and received three months in jail after pleading guilty last year to third-degree assault against an officer.

The suit alleges Burger King was "negligent in their selection, training and supervision of its employees ... and failing to provide them with adequate standards." Bremner said the other employee on duty — the one who handed him the burger — had hepatitis and both employees had prior criminal records.

In a statement Wednesday, Burger King Corp. and Kaizen Restaurants in Beaverton, Ore., which operates the restaurant in question, said they have "zero tolerance" for the actions taken by the former employees. The statement says Kaizen investigated, suspended the employees and ultimately fired them over the incident.