Bylsma v. Burger King Corp., No. 86912-0

Product Liability Act allows recovery for emotional harm caused by contaminated food.

Deputy Sheriff Bylsma ordered a Whopper at a drive thru. He became suspicious after he received his food. He pulled over and found a glob of spit in the burger. He had DNA testing conducted, and it matched one of the employees of the restaurant. His suit was dismissed by the federal court. On appeal, the 9th Circuit Court of Appeals asked the Washington State Supreme Court whether the WPLA, a statute that provides the sole remedy for product-based claims in Washington, allows plaintiffs to recover emotional distress damages absent a physical injury. The Washington Supreme Court answered in the affirmative; the WPLA allows recovery for harm, which it defines as any damages recognized by the courts of Washington.

Case Law Alerts - 2nd Quarter 2013