Ohioan settles spitting suit with Pa. Burger King

Burger King attorney Peter Skeel joined in that statement.

Goodwin, 47, said the incident happened early in the evening of Nov. 11, 2008, when he was on his way home from a freight-hauling job to Erie.

He said a female employee made his sandwich and wrapped it before sliding it down a metal chute so another server could give it to Goodwin. Instead, a male employee grabbed the sandwich and stood with his back to Goodwin while a manager stood by as if he, too, were trying to shield some action, Goodwin said.

Goodwin contends the manager said "nice" as the worker handled the sandwich.

His lawsuit said Goodwin immediately suspected the worker had spit in his food, but Goodwin took it to his truck anyway because he didn't believe anyone would do such a thing.

Goodwin returned to the restaurant and loudly cursed and complained before calling 911. He said he found saliva in his sandwich that seemed "extra wet" and smelled "disgusting," which he later explained in his pretrial deposition was the smell of bad breath.