People in Louisiana are no stranger to product liability issues, but one product liability case from Washington has a unique set of facts. The strange set of facts has brought the case to the steps of that state's highest court.

A sheriff's deputy from Washington state ordered a hamburger through the drive-through of a Burger King restaurant during a late shift in 2009. After the officer received his food, he had an "uneasy feeling" about the quality of his burger. The officer pulled into a parking lot down the street from the Burger King and examined his burger. The deputy unwrapped his burger, took off the top bun and discovered a "slimy, clear and white phlegm glob" on the burger. According to the case the officer, "inserted his finger into the glob and then called for backup."

A DNA test was conducted on the phlegm, and the test revealed that the spit belonged to a Burger King employee with a criminal record. The apparent attempt at retribution failed because the employee pleaded guilty to felony assault for the spit on the burger and spent 90 days in jail.

The officer filed a product liability suit against Burger King and the franchise owner and is seeking damages for emotional distress. Though the case is in federal court, the federal appeals court has asked the Washington Supreme Court to certify whether the state's product liability act allows damages for emotional distress in the absence of physical injury where the consumer was served a contaminated food product.

The case will not move forward until the answer to that question is decided.

Source: Courthouse News Service, "Cop must take his loogie burger to the top court," Tim Hull, Jan. 11, 2012