A Burger King spitting suit in which a black truck driver accused the fast food restaurant’s employees of spitting in his Whopper Jr. has ended in a settlement for the driver
Glenn Goodwin of Cleveland filed the Burger King spitting suit against Fast Food Enterprises #3, which operates the Erie, Pennsylvania, restaurant where he says a white employee tampered with his food.
Goodwin said in the Burger King spitting incident, which took place in November 2008, he saw a male employee retrieve his burger from a chute, then turn his back and unwrap it, the Erie Times-News reported . He also said a restaurant manager stood by the employee as if to shield his actions from the customer.
When he returned to his truck and took a bit, Goodwin said he realized it had been tampered with, had a “disgusting” smell and seemed “extra wet.” When he went back into the restaurant and asked who spit in his burger, someone named “Greg” was identified.
State police did find saliva in the burger, but made no charges in the case as it was thrown out before a DNA test could be conducted.
The defendants in the case tried to get the lawsuit thrown out, but a federal judge refused, The Associated Press reported .
The defense had tried to argue that the Burger King spitting suit had no grounds, as there was no proof of the spitting or that the worker was motivated by racial prejudice. Goodwin said he didn’t hear any racial remarks, but was the only black customer in Burger King at the time.
The terms of the settlement in the Burger King spitting suit were not disclosed.