Bartholomew v. Burger King Corp.

ORDER DENYING DEFENDANT UNITED STATES ARMY AND AIR FORCE EXCHANGE SERVICES’ MOTION TO DISMISS, DOC. NO. 207

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

This tort action arises from an incident in which Plaintiff Clark Bartholomew (“Bartholomew”) allegedly sustained injuries from eating a Triple Whopper sandwich imbedded with two needle-shaped metal objects. The sandwich was purchased from a Burger King Corporation (“Burger King”) restaurant franchised to Defendant United States Army and Air Force Exchange Service (“AAFES” or the “government”). At the time, Bartholomew was an active…