A year after being served a Whopper with some extra-special sauce inside, a sheriff’s deputy in Washington state has filed a lawsuit against Burger King, claiming the company was negligent for having an employee that spat in his burger.

It was March 24, 2009, when the deputy — in full uniform and driving his patrol vehicle — pulled into the drive-thru and ordered a Whopper. The deputy claims he sensed something was amiss in the Burger Kingdom when the employee who handed him his order could not make eye contact.

The deputy inspected his Whopper and discovered what appeared to be a phlegmy gob of spit between the buns. Suspecting a crime had taken place, he summoned other deputies to the scene, who took the Whopper into evidence.

Ultimately, the DNA in the saliva on the burger was matched to that of a 22-year-old employee. He pled guilty to third-degree assault against an officer and was sentenced to three months in jail.

But now the deputy wants BK to answer for the incident.

In a lawsuit filed in district court, the deputy alleges Burger King was “negligent in their selection, training and supervision of its employees… and failing to provide them with adequate standards.”

In addition to the spitter, the plaintiff’s lawyer claims that the employee who actually handed the burger to the deputy had hepatitis.

“There’s been no assurance after the fact that they’ve changed anything,” said his attorney. “We haven’t gotten anything — not even an apology.”

The suit seeks unspecified damages and a change in Burger King’s hiring and supervision policies.

Clark County deputy sues Burger King over spit on his food [Seattle Times]

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