Former Army soldier Clark Bartholomew is suing Burger King after he chomped into needles in a Triple Stacker bought at Hawaii’s Schofield Barracks.
Now, after years of negotiating a settlement for the 2010 incident proved unsuccessful, the case is set for trial in August.
According to resourcefullaw.com, Bartholomew filed a lawsuit in a federal court in Honolulu against Burger King and the U.S. Army and Air Force Exchange Service, alleging negligence, products liability, and deceptive practices.
The lawsuit states that not only did the former Army sergeant’s tongue get pierced by a needle when he bit into his sandwich, but he later required hospitalization after a second needle became lodged in his small intestine, the Associated Press reported.
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Burger King is pointing the finger at the exchange, which operates the franchise.
In an attempt to dismiss the lawsuit, the U.S. attorney representing the exchange argued that Bartholomew cannot sue because he suffered his injuries during the course of military service.
However, U.S. District Judge J. Michael Seabright refused to throw out the case, noting that Bartholomew was “at home base Dec. 1, 2010” due to back pain, when his wife had purchased the value meal for him.
“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,” Seabright said.
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"Him going to war in Iraq has nothing to do with him going to Burger King,” Bartholomew’s wife Tanya told the AP. She says she is “disgusted” that they could not reach a settlement.
“I think we’re more irritated than anything,” she said. “We’re not in Hawaii, so now we have to spend even more money to fly to Hawaii to have a trial when everyone agrees someone screwed up.”