Bylsma v. Burger King Corp.

González, J.

¶1 Clark County Deputy Sheriff Edward Bylsma seeks to proceed to trial and recover damages from Burger Kang 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 distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a…