For more than three years, a now-retired Army sergeant has been fighting a legal battle against both Burger King and the military, alleging the kitchen at an on-base BK served him a Triple Stacker that contained needles. Part of the case has been brought to an end now that the fast food giant has settled, though the complaint against the military looks like it may be headed to trial.

According to the original complaint [PDF] filed in 2011, the plaintiff bought a Triple Stacker value meal at the Burger King on the premises of Schofield Barracks in Hawaii.

He says that when he got home he bit into the burger and discovered a needle that caused his tongue to bleed. He was subsequently hospitalized after another needle was discovered lodged in his small intestine.

In the long-delayed lawsuit, Burger King tried to point the finger at the Army and Air Force Exchange, as it is responsible for operating the location that allegedly sold the needled-up burger.

But this week the fast food giant reached a deal with the retired sergeant that will close the books on its involvement in the lawsuit. The terms of the agreement have not yet been made public.

However, according to court documents [PDF] the case against the Exchange moves forward, with a non-jury trial slated to begin March 3.

The U.S. Attorney representing the Exchange has previously tried to have the case dismissed, arguing that the plaintiff can’t sue because he suffered his injuries during the course of military service.

The judge in the case dismissed that argument, pointing out that there is a difference between a soldier being hurt in the service of his country and one who is injured while trying to eat a sandwich.

“Eating a Burger King Triple Whopper (equally available to the military or general public) while at home on a sick day does not implicate military command or discipline,” wrote the judge.

[via the AP]

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