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 ...
Text to that effect on the wrapper and bags is probably being created by lawyers at this moment.
To anyone who disagreed with me in my cynical disdain for the system of justice, read it and weep.
> It’s outrageous, egregious, preposterous. <
Good Seinfeld reference there.
👍🏻
And that’s one thing about Seinfeld. No matter what the topic might be, there will an appropriate Seinfeld reference.
I like it.
How about, “Customer assumes all risks by eating our food. Eating our food can lead to excessive weight gain, poor health, choking, allergic reactions and possibly death.”
Onion, mustard, ketchup, pickles, on a burger make me gag just thinking about it. But I would never think to sue a burger chain over it.
I just make my burgers at home. A 1/2 pound patty, swiss cheese, bacon, maybe some sauteed mushrooms. That's it.
They're forced to trust them.
Restaurants and food producers are required to list the ingredients of what they sell, yet we're supposed to tolerate the opposite for some of them?
The US used to believe “buyer beware”.
Some of the U.S., and many grew up and said, "Such low-trust behavior is unacceptable."
Once the restaurant took his money and agreed to hold the onions, they were obligated to follow through.
Like I said - have korporate put the signs up; "Have it our way or throw it away." "You get what we give you." "No modifications to orders." The reason korporate wouldn't dare do that is because they know patrons would go elsewhere. Instead, korporate is willing to risk customers' health. They need to be disincentivized from exposing people to such risk.
It sounds like he did, but was foolish for not checking.
A true anaphylactic reaction kind of allergy is no joke.
But it’s not worth THAT much.
And he should have double checked.
Is his lawyer Jackie Chiles? Outrageous! Egregious ! Preposterous! Maybe he will get a lifetime supply of onion-less burgers.
There will be an easy solution to this. We will all be treated equal, none of us gets onions.
Should make him pay all court and attorney fees when he loses. Sick of frivolous law suits.
I used to order a breakfast chicken biscuit with egg at CFA. I did *not* order cheese on that sandwich, as I think the cheese ruins it. Nothing sue-able, it just isn’t nearly as good.
About 1/5 times, I’d get cheese on that sandwich by mistake. I grimaced and rolled with it.
In Covid we learned how to make that order with the app. I find they never get that wrong, or at least much less often.
But yeah, special ordering a Mickey D’s burger is just totally asking for trouble.
There are tests they can run in the er for a true allergy.
A serum tryptase test if done within 2 hours of the reaction can tell a lot.
But since usually it takes an allergist to understand the results, the ER is reluctant to do it because they claim they don’t have anyone qualified to interpret then test results.
More than likely, it’s due to the cost as it’s an expensive test to run. so it’s easier and cheaper, and legally more prudent, to just treat it as if it IS a reaction anyways.
So they give you Benadryl and a course of prednisone, monitor you for a few hours to make sure you’re stable or improving, and then send you on your way with instructions to contact your allergist ASAP.
and yes, there can be overlap in symptoms, between a sensitivity and true allergy. And if you have Oral Allergy Syndrome, that makes it more difficult since there’s so much burning in the mouth.
Actually, it's the other way; everything gets onions. It already happened with sesame.
When sesame was declared an official allergen in the U.S. in 2023 and thus subject to strict labeling and manufacturing regulations, companies, instead of implementing extensive controls, product lines, testing, and procedures, simply added sesame to everything they could and added a warning on the labels.
https://www.foodingredientsfirst.com/news/sesame-shortcut-allergen-law-backfires-as-food-companies-bypass-new-regulation.html
yeah even where we are (small town) it’s gettign pretty bad- cold fries, cold burgers (unless i ask for special order which sometimes i forget to do)
That's for the lawyers and/or the courts to decide.
It's not one meal in one restaurant - it's a chain of 900 restaurants. Penalizing them at $1,100 per store might get korporate to pay attention to what they're giving customers.
so what are you bitching about?
It's not the homogeneity; in India they'd be cooking it in the street after pressing the patties with their armpits.
I do NOT recommend doing a YouTube search for Dirty Indian Street Vendor Armpit. Do NOT.
I'm just supporting someone suing a deceptive restaurant chain.
I’m just supporting someone suing a deceptive restaurant chain.
I support personal responsibility.
I do also.
...like the personal responsibility of the person who took the customer's money after promising the burger would not have onions.
...like the personal responsibility of the manager who oversees the crew and makes sure they get the orders right.
...like the personal responsibility of korporate officers who implement policies and establish quality control procedures to ensure orders are done properly.
...like the personal responsibility of the korporate exec who oversees the "mystery customer" program that reports back on restaurant staff who can't do their jobs correctly.
The staff needs some consequences like they'd get in the military, doing pushups, eating raw onions, and screaming "NO ONIONS MEANS NO ONIONS" until they puked.
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