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BYLSMA v. BURGER KING CORP.

No. 86912-0.

293 P.3d 1168 (2013)

176 Wn.2d 555

Certification from The United States Court of Appeals for The Ninth Circuit In Edward J. BYLSMA, Plaintiff/Appellant, v. BURGER KING CORPORATION, a Florida corporation; and Burger King Restaurant #5259, d/b/a Kaizen Restaurants, Inc., an Oregon corporation, Defendants/Respondents.

Supreme Court of Washington, En Banc.

Decided January 31, 2013.

Attorney(s) appearing for the Case

James T. Yand , Miller Nash LLP, Darrin E. Bailey , Danford Duncan Grant , Bailey Onsager, P.C., Seattle, WA, for Plaintiff.

Barry J. Goehler , Law Office of Barry J. Goehler, Gary M. Bullock , Gary M. Bullock & Associates PC, Portland, OR, for Defendants.

GONZÁLEZ, J.

¶ 1 Clark County Deputy Sheriff Edward Bylsma seeks to proceed to trial and recover damages from Burger King Corporation under the Washington Product Liability Act (WPLA), chapter 7.72 RCW, for his claim that he suffers ongoing emotional distress from discovering that he was served a burger with phlegm inside the bun. In a certified question, the Ninth Circuit Court of Appeals asks us to determine whether the WPLA permits relief for emotional...

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