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 ...
I’d guess something like 30-40% of all orders have some significant problem with them just based on personal/anecdotal data. So asking for something special and then not checking yourself to make sure it is right before taking a bite is unfathomable. Of COURSE the fast food industry makes a constant flood of mistakes, especially with special requests. That’s not ideal, but if lawsuits like this start succeeding the entire industry will be shut down in short order. As a matter of common sense, the customer just needs to verify everything themselves. That’s just how it is.
Holding a producer to simple tasks is something we need more of, not less. If the staff was Japanese, they'd be ashamed to get it wrong.
If the staff is unwilling or unable to follow a simple direction to leave something off of a burger, replace them with a robot.
Have korporate man up and put up large signs outside each store; "Have it our way or throw it away." Don't have the staff say "yes" and take the customer's money.
No one is asking for it sauteed with just the perfect blend of spices - just leave off one ingredient. That's it. If they can't handle that, they shouldn't be handling food and serving customers at all.
The last two times I went to my local McDonald’s I got someone else’s order. It was the drive thru. I just ate it and kept going. I haven’t been back in years. It’s astonishing they are still in business.
Hurt feelings can make you feel BAD, man.
And if they do pay off? Set for life, doncha know.
Onions? They put onions on your burger, though you said ‘No onions’?
Yeah, that’s going to be a problem. It’s gonna be a problem for them. This a clear violation of your rights as a consumer. It’s an infringement on your constitutional rights. It’s outrageous, egregious, preposterous.
“Holding a producer to simple tasks is something we need more of, not less. If the staff was Japanese, they’d be ashamed to get it wrong.”
If it were Japan we wouldn’t be reading about people who engage in stunts like this guy - instead he would quietly be sent to jail to give him time to think about starting a new career.
It's not a stunt and in Japan, the staff would take personal pride in their work and not get the order wrong.
“It’s not a stunt and in Japan, the staff would take personal pride in their work and not get the order wrong.”
It’s a stunt in the US. In Japan people don’t get indulged to engage in this crap. But I agree on the personal pride - VERY IMPRESSIVE in Japan, but sadly it only works in a homogeneous society.
I don’t remember everyone being allergic to everything growing up.
McDonald's is a real estate company masquerading as a restaurant chain. The burgers, sodas, and fries are only to facilitate paying the rent.
They don't need satisfied customers and don't want to put in real effort when all they're aiming for is enough to pay the rent.
It's not a stunt. It's long overdue. These companies need to stop deceiving customers. It's fraud at the simplest level - a major health risk at higher levels.
Just put the signs up - "You get what we give you. No modifications to orders."
Being that onions are used in many seasonings, sauces, and processed foods this person must have a limited diet.
It’s a STUNT. I’ve been gypped out of the extra meat that I order from hamburger joints - I DO NOT SUE THEM - I don’t even bitch. I realize they are human and make mistakes and I know it’s a special order.
It’s attitudes like yours that are DESTROYING this country.
Enjoy your life being a Karen, I’m done here.
He did. But seeing how onions are pretty much not an isolated ingredient kept away from all other food just saying no onions when you have a severe allergy means you are an idiot. The restaurant in no way could guarantee there could be no cross contamination. Perhaps he did know this and figured a big payout was worth the risk.
Simp.
Your lack of standards is the problem, don't lash out at those who call it out.
WhataBurger execs are getting ready to fall on their swords even as I type.
Careless food preparation can - and has - killed people. But I’m thinking this guy is probably just looking for “go away” money. As in take this $3000, sign a few papers, then go away.
I say that because the article says he also tried to sue Sonics for the same thing. That case was thrown out.
Plus, if you’re seriously allergic to something, you don’t go to a restaurant that might have it laying around in the kitchen. And of course a fast-food restaurant will have onions in the kitchen.
I’ve got a friend who’s severely allergic to fish. He won’t go into a restaurant that serves fish. I think he’s correct in that.
So you believe that a person with a life-altering allergy is supposed to be able to trust completely unknown people to prepare their food without the problematic addition? No matter that the problem involves a very common additive in spices and food?
Aren’t you special. The US used to believe “buyer beware”. If you have a shellfish allergy don’t order oysters. If you have an onion allergy, don’t patronize McDonalds.
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