Edward Bylsma v. Burger King Corporation

Good Law
676 F.3d 779·2012 WL 75626·2012 U.S. App. LEXIS 603
United States Court of Appeals for the Ninth CircuitJanuary 11, 201210-36125California2,218 words

Opinion

Opinion

ORDER

Plaintiff-appellant Edward J. Bylsma (“Bylsma”) appeals from a final judgment on the pleadings dismissing his diversity action against defendants-appellees Burger King Corp. and Kaizen Restaurants, Inc. (together, “Burger King”). This order certifies to the Supreme Court of Washington the dispositive and unsettled question of Washington state law at issue in this appeal, namely, whether the Washington Product Liability Act (“WPLA”) permits relief for emotional distress damages, in the absence of physical injury to the plaintiff purchaser, caused by being served and touching, but not consuming, a contaminated food product.

I

We provide the following summary of facts as alleged by Bylsma. Bylsma is a sheriffs deputy with the Clark County Sheriffs Office. On March 24, 2009, at approximately 1:50 a.m., Deputy Bylsma— while on a break—drove his marked police cruiser to a Burger King restaurant in Vancouver, Washington, operated by Kaizen Restaurants, Inc. Two employees, Gary Herb (“Herb”) and Jeremy McDonald (“McDonald”), were working that shift but there was no supervisor on duty. Both Herb and McDonald have criminal records.

Bylsma entered the drive-thru and ordered a…

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