VANCOUVER, Wash. -- A Clark County law officer may ultimately have it his way if he wins a lawsuit against Burger King over a spitballed burger.

Clark County Sheriff's Deputy Edward Blysma says a DNA test confirms that Gary Herb, a former employee, spit in his burger in March 2009.

Bylsma said he suspected foul play when Herb handed over the burger. Herb's behavior prompted the deputy to unwrap the burger, remove the meat from the bun bottom, where he discovered a loogie filled with milky phlegm.

Bylsma's attorney in the lawsuit says her client was possibly exposed to communicable diseases and discriminated because of his employment position. She said Burger King's negligent hiring and supervision were to blame.

The attorney said two employees were responsible for the spitwad - and that forensic evidence proves one of them had Hepatitis.

Bylsma says he's gotten no apology, now suffers from insomnia and has become neurotic about food. He worries about contracting hepatitis constantly, in addition to other food-borne illnesses, according to his attorney.

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