Whatamess.
A Texas man is suing Whataburger for an eye-popping amount, claiming that they served him onions despite his requests that they withhold them from his meal.
Demery Ardell Wilson outlined his beef in a petition filed April 25 in Texas’ 269th Judicial District Court of Harris Count, Today.com reported. In it, the plaintiff accused Whataburger of negligence on the grounds that they “failed to act in accordance with the appropriate standard of care,” causing him to “suffer personal injuries.”
Wilson, who suffers from an onion allergy, had reportedly visited the undisclosed Whataburger branch on July 24, 2024, and ordered a meal without the allergen, USA Today reported.
Despite the request, his meal arrived with the problematic accouterment, prompting a medical reaction that required the customer “to seek the care of medical professionals,” per the complaint.
It’s unclear which dish Wilson ordered, but the chain’s eponymous burger comes with diced onions, as well as mustard, lettuce, tomatoes and pickles.
Due to the Whataburger outlet’s negligence, there was a “manufacturing defect in the food at the time it left [Wilson’s] possession,” per the suit, which added that the presence of onions rendered the meal “unreasonably dangerous.”
In accordance, Wilson is seeking compensation of “over $250,000.00 but less than $1,000,000” but “expressly reserves the right to amend this damage calculation as discovery progresses,” per the filing.
The Texas-based burger giant, which boasts over 1,100 outlets spanning 16 states, denied the plaintiff’s allegations in a separate petition filed on May 16, claiming they would require “strict proof” of Wilson’s accusations, USA Today reported.
They declared that they were not aware — nor should have known — that any item bought by Wilson “was in a defective or unreasonably dangerous condition at the time.”
The Whataburger site lists potential allergens such as wheat, soy and gluten, but doesn’t include onions in the disclaimer.
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