By JENNIFER SINCO KELLEHER
HONOLULU (AP) - Burger King wants to dismiss a lawsuit alleging there were needles in a sandwich after the former soldier who made the claim didn't attend a settlement conference.
Clark Bartholomew's lawsuit says he was injured in 2010 when he bit into a Triple Stacker from a Burger King on a Hawaii base. The former Army sergeant says one needle pierced his tongue and another was lodged in his intestine.
The federal lawsuit was scheduled for trial after both sides failed to reach a settlement.
Burger King's Honolulu attorney Grant Kidani filed a motion Monday asking for a dismissal, a fine and attorney's fees after Bartholomew didn't attend a settlement conference last week.
Bartholomew has retired and lives in Chantilly, Virginia. Neither he nor his attorney could be reached for comment.