The presiding judge in a Hawaii lawsuit over needles found in a Burger King sandwich is upholding a decision ordering the retired soldier who filed the suit to pay nearly $8,500 for skipping a settlement conference.
The ruling says Clark Bartholomew violated a court order when he didn't attend the September conference to settle the lawsuit he filed after swallowing needles in a burger purchased at a Hawaii Army base.
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Bartholomew says he didn't travel from his home in Chantilly, Virginia, because he couldn't get time off from work.
Burger King and the two other defendants asked for sanctions or for the case to be dismissed.
Bartholomew's lawyer said Tuesday that in hindsight, it was a mistake not to attend the conference.
Without a settlement, the case is heading to trial.