Introduction to the Lawsuit
A Texas man is suing Whataburger alleging that when he requested no onions with his meal, he got them anyway, equating to negligence on the chain’s part. A petition filed by Demery Ardell Wilson in Texas’ 269th Judicial District Court of Harris County on April 25 claimed that Whataburger “failed to act in accordance with the appropriate standard of care,” causing Wilson to “suffer personal injuries.”
Details of the Incident
The lawsuit states that on July 24, 2024, Wilson visited a Whataburger location where he ate a “fast-food meal” that caused an allergic reaction because of onions present in it after he requested that there be none. He says that as a result, he required medical attention. The filing doesn’t mention what Wilson ordered, but the chain’s eponymous burger offering, the Whataburger, features a beef patty with mustard, tomato, lettuce, pickles and diced onions on a bun.
Allegations Against Whataburger
The chain’s site has a page that lists possible allergens like wheat, soy, gluten and more — but not onion. “There was a manufacturing defect in the food at the time it left [Wilson’s] possession,” reads the filing, adding that what he ate was “defective because it was unsafe to eat” and that “rendered it unreasonably dangerous.” The filing claims Whataburger was negligent by providing Wilson a meal that included onions and that its inclusion rises to the level of a “manufacturing defect.”
Demand for Compensation
The plaintiff is seeking “monetary relief over $250,000.00 but less than $1,000,000,” which includes damages, penalties, costs, expenses, prejudgment interest and all other relief. “Plaintiff expressly reserves the right to amend this damage calculation as discovery progresses,” the suit reads.
Previous Lawsuits
The plaintiff’s lawsuit against Whataburger isn’t the first time he’s litigated against a fast food restaurant. In May 2024, Hadi represented Wilson in a suit against Sonic Drive-In — but that was dismissed one month later. The specific Whataburger location is also not mentioned in the suit, but the chain primarily operates in Texas, where it currently has 764 restaurants.
Conclusion
The lawsuit against Whataburger is a significant case that highlights the importance of food safety and customer satisfaction. The outcome of this case may have implications for the food industry as a whole, and it will be interesting to see how it unfolds.
FAQs
Q: What is the lawsuit about?
A: The lawsuit is about a Texas man who is suing Whataburger for negligence after he allegedly received a meal with onions despite requesting no onions, which caused an allergic reaction.
Q: How much is the plaintiff seeking in compensation?
A: The plaintiff is seeking monetary relief over $250,000.00 but less than $1,000,000.
Q: Has the plaintiff been involved in similar lawsuits before?
A: Yes, the plaintiff was involved in a lawsuit against Sonic Drive-In in May 2024, which was dismissed a month later.
Q: What is Whataburger’s response to the lawsuit?
A: Representatives for Whataburger declined to comment on the lawsuit.
Q: What are the implications of this lawsuit?
A: The lawsuit may have implications for the food industry as a whole, highlighting the importance of food safety and customer satisfaction.
