Old school Consumerist readers may remember the 2007 story of the Vermont man who sued Burger King after claiming he found a used condom in his Whopper. Three years later, a lawyer for the man has announced that the matter has been settled out of court.

The case was supposed to head into jury selection next month, but the Rutland Herald in Vermont reports that on Oct. 6, lawyers for both sides told the court they had reached a settlement and asked for the case to be dismissed.

Details of the settlement are sealed.

In the original suit, the plaintiff said he had ordered a Southwestern Whopper from a Burger King in Fair Haven, VT, and when he returned home to eat his food with his family, he discovered the discarded condom. He says that when he complained to the manager, the matter was laughed off.

At the time, both BK and the company that owns that particular franchise issued denials of any wrongdoing.

Condom in hamburger claim settled [Rutland Herald via AJC.com]

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