HONOLULU, Hawaii – A federal judge says a former soldier suing Burger King for swallowing needles in a sandwich should pay attorneys’ fees and costs to the defendants for not showing up at a settlement conference.
Burger King filed a motion asking for sanctions against Clark Bartholomew because he didn’t show up at last month’s conference in Honolulu.
The former Army sergeant’s lawsuit says he was injured in 2010 when he bit into a Triple Stacker from a Burger King on a Hawaii base.
U.S. Magistrate Judge Richard Puglisi ruled Thursday that attorneys’ fees and costs are appropriate because Bartholomew defied a court order. Burger King also asked for a dismissal, but Puglisi says that would be too harsh.
Bartholomew has retired and lives in Chantilly, Virginia. His lawyers are considering an appeal.