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Man sues Whataburger for almost $1M over no-onion special request
Fox 25 Boston ^ | 5/19/25 | Cox Media Group National Content Desk

Posted on 05/19/2025 4:15:43 PM PDT by DallasBiff

Demery Ardell Wilson filed a petition last month in Texas’s 269th Judicial District Court of Harris County, which claimed he asked for no onions on his burger, but got some anyway, the “Today” show reported.

Wilson accuses Whataburger of failing “to act in accordance with the appropriate standard of care,” and which caused him to “suffer personal injuries.”

Wilson said he ordered a meal on July 24, 2024, at an undisclosed Whataburger location, USA Today reported, and that when he ate it, he had an allergic reaction that needed medical attention.

He did not specify what he ordered, but the chain’s namesake burger has a beef patty, mustard, tomato, lettuce, pickles and diced onions all served on a bun.

Wilson called the meal a “manufacturing defect” that was “unsafe to eat.” The “manufacturing defect” was the inclusion of onions, he said.

He is asking for “monetary relief of over $250,000.00 but less than $1,000,000″ in damages, penalties and costs

(Excerpt) Read more at boston25news.com ...


TOPICS: Chit/Chat; Food; Miscellaneous
KEYWORDS: allergy; onions; whataburger

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Oh good gawd, the guy could specify no onions on his burger.
1 posted on 05/19/2025 4:15:43 PM PDT by DallasBiff
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To: DallasBiff

2 posted on 05/19/2025 4:17:10 PM PDT by ClearCase_guy
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To: All

Seems a tad excessive


3 posted on 05/19/2025 4:18:24 PM PDT by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: DallasBiff

If you had a life-threatening allergy to onions would you get take out from a fast food hamburger joint? Of course not.

It would be interesting to know what Discovery brings about his so-called treatment for his life-threatening condition


4 posted on 05/19/2025 4:24:17 PM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there)
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To: DallasBiff

Demery Ardell Wilson. Ok.....


5 posted on 05/19/2025 4:25:04 PM PDT by Fungi
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To: DallasBiff
Hmmmm… Mr Wilson, at least that’s what image is shown. IMG-0995
6 posted on 05/19/2025 4:25:22 PM PDT by Phoenix8
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To: DallasBiff

He claims he did, but got onions anyway. I’d think that if onions were that dangerous to the guy, he’d at least peek into the burger before eating it.

The judge should award the idiot one replacement Whataburger, hold the onions, and a swift kick in the ass for wasting the court’s time.


7 posted on 05/19/2025 4:26:33 PM PDT by HartleyMBaldwin
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To: DallasBiff

When I was a kid I ordered “cut the onions” on my Dairy Queen order ... which they dutifully did, mincing them fine.


8 posted on 05/19/2025 4:27:07 PM PDT by Rurudyne (Standup Philosopher )
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To: DallasBiff

According to the article, he did.


9 posted on 05/19/2025 4:28:22 PM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: DallasBiff
failing “to act in accordance with the appropriate standard of care

Good grief-that normally applies to medical care, not the operation of a hamburger joint.

If you have an allergy to onions then I think it incumbent upon the customer to check his food for onions. Not to do so is contributory negligence. If they were surreptitious that is one thing, but if they were obvious then its just an error.

10 posted on 05/19/2025 4:29:26 PM PDT by AndyJackson
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To: DallasBiff

My sister was under the impression that she could specify every little detail about her McDonald’s order. I told her that the order was transmitted on a screen. The person running the cash register would need to go oversee the production of her special order. It’s a production line that only works because you can’t special order. It’s embarrassing as she always did it and she never got it exactly the way she wanted it. Now that I’m driving her, we only go to places where she can specify her heart out.


11 posted on 05/19/2025 4:31:03 PM PDT by Gen.Blather (I had a tagline and I dropped it. The cat back-pawed it under the Barcalounger. )
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To: DallasBiff

My daughter is very allergic to tree nuts, especially cashews.

At fancy dinner for her anniversary, it turned out the crackers (for the paté) were made with cashew flour. She had an immediate reaction, had to use her epi pen and then went to the hospital after that, fortunately, she was treated before her throat swelled shut. Ruined the weekend as you can imgine.

She had made it clear to the restaurant before they arrived that she cannot have anything with tree nuts in it - so they knew in advance - and she reminded them when they got there.

The restaurant was terrified of being sued - they offered to comp the entire weekend, including food (probably at least $1,000) and give them another free weekend + food. My daughter and son-in-law accepted.


12 posted on 05/19/2025 4:32:49 PM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: DallasBiff

“Man sues Whataburger for almost $1M over no-onion special request”

...and to think people believe that we can defeat China economically, or defeat Russia militarily when we allow this kind of crap to go on in our country. Not to mention Gay Pride parades too.


13 posted on 05/19/2025 4:34:19 PM PDT by BobL
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To: HartleyMBaldwin

[[I’d think that if onions were that dangerous to the guy, he’d at least peek into the burger before eating it.]]

Exactly- Buyer beware! He is responsible for checking himself- apparently he neglected to0-


14 posted on 05/19/2025 4:38:36 PM PDT by Bob434 (Time flies like an arrow, fruit flies like a banana)
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To: AndyJackson

[[If you have an allergy to onions then I think it incumbent upon the customer to check his food for onions.]]

Hopefully that is what a jury will find, or the judge- but knowing juries today- they will probably award him far more than he’s askin


15 posted on 05/19/2025 4:39:42 PM PDT by Bob434 (Time flies like an arrow, fruit flies like a banana)
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To: Gen.Blather

one trick is to ask for burger with no onions- that way they make it fresh and it comes o ut good and hot- not lukewarm like the premade stuff sitting on a shelf waiting for customers to order- supposedly- so far it seems to work-


16 posted on 05/19/2025 4:41:13 PM PDT by Bob434 (Time flies like an arrow, fruit flies like a banana)
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To: DallasBiff

He did ask for no onion.

Not that this isn’t stupid.


17 posted on 05/19/2025 4:42:08 PM PDT by TheThirdRuffian (Orange is the new brown)
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To: DallasBiff

https://www.healthline.com/health/onion-allergy#allergy-vs-sensitivity

What’s the difference between an allergy and a sensitivity?
Having a true onion allergy is rare. If you’re allergic to onions, your immune system will identify onions, and possibly other alliums, as dangerous substances.

Your body then takes protective measures, including the release of chemicals like histamine. These chemicals can cause symptoms ranging from uncomfortable to potentially life-threatening.

Having an onion sensitivity (or intolerance) is a more common occurrence. Food intolerances (nonallergic food hypersensitivity) are caused by an inability to process and digest specific foods, not by an immune system reaction.

Food intolerances typically cause less severe reactions than food allergies. If you have an onion intolerance, your immune system will not be triggered, but you may experience some of the same symptoms you would if you were allergic.

For this reason, it can often be hard to tell the difference between the two conditions.


18 posted on 05/19/2025 4:43:07 PM PDT by PeterPrinciple (Thinking Caps are no longer being issued, but there must be a warehouse full of them somewhere)
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To: DallasBiff
I have a restaurant story, too. Last month I asked Google Maps to direct me to a gun-free McDonalds - even the threat of gunfire interferes with my digestion. And look what greeted me when I walked through the door.

I am suing Google for a google amount of dollars.
(That’s a 1 followed by 100 zeros amount.)

19 posted on 05/19/2025 4:43:10 PM PDT by Leaning Right (It’s morning in America. Again.)
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To: Leaning Right

LOL - that looks like one of the Middle East war zone McDonalds.


20 posted on 05/19/2025 4:48:07 PM PDT by Allegra (I survived the Trump Recession 4/7/25 - 4/10/25)
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