KRQE-TV reports (http://goo.gl/ID9qbR ) the lawsuit filed in state district court says Robert Deyapp was assaulted in June 2013 when he told a manager at the fast-food restaurant in the northwestern New Mexico city of Bloomfield about his cold order.
The lawsuit claims that when Deyapp asked for a refund, manager Francisco Berrera lunged at him with a stun gun and switchblade.
Court records show Berrera later pleaded no contest to aggravated assault.
Ronald Adamson, an attorney for Berrera, did not immediately return a phone message from The Associated Press.
A spokesman for Burger King also did not return an email.
Information from: KRQE-TV, http://www.krqe.com