Texas man sues Whataburger for almost $1M
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A Whataburger customer is suing the fast food restaurant for almost $1 million over his burger order. Demery Ardell Wilson filed a petition in Texas on April 25 claiming that the chain 'failed to act in accordance with the appropriate standard of care' and caused him to 'suffer personal injuries,' per NBC News.
Wilson's lawsuit states that on July 24, 2024, he went to a Whataburger location and ate a fast food meal that caused him to have an allergic reaction. His burger allegedly contained onions - which he claimed he had specifically requested to be removed.
However, Wilson claims the topping was not removed which left him in need of medical attention, per the lawsuit obtained by the outlet. Though the lawsuit does not mention Wilson's specific order, a classic Whataburger burger contains a beef patty with mustard, tomato, lettuce, pickles, and diced onion on a bun.
The website lists other allergens including, wheat, soy and gluten. 'There was a manufacturing defect in the food at the time it left [Wilson's] possession,' read the filing. It added that what he ate was 'defective because it was unsafe to eat' and that 'rendered it unreasonably dangerous.'
Wilson's filing claimed the fast food chain was negligent for giving him a meal with onions after he asked for them to be removed, and their inclusion rises to the level of a 'manufacturing defect.' He is seeking 'monetary relief over $250,000 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 lawsuit read, per the outlet. The filing and the affidavit served to Whataburger lists Husein Hadi of the Hadi Law Firm as lead attorney for Wilson.
Daily Mail has contacted Hadi Law Firm and Whataburger for comment. Per USA Today , the San Antonio-Texas headquartered chain denied Wilson's allegations in a separate court document filed on May 16. The company has demanded 'strict proof' of Wilson's claims.
Whataburger also claimed it did not know, nor should have known, that any product purchased by Wilson, 'was in a defective or unreasonably dangerous condition at the time.' Wilson's filing against the burger chain comes after Hadi represented him in a lawsuit against Sonic Drive-In.
In April 2023, he alleged to need medical attention after being given onions in his food that made him 'feel sick,' per USA Today. Sonic Drive-In denied Wilson's allegations in a court document filed on May 12. The company argued Wilson should 'be required to prove the charges and allegations' against them.
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