Texas man sues Whataburger for nearly $1 million due to onion error in a burger
Demery Ardell Wilson filed a lawsuit against Whataburger, alleging negligence after being served onions in his meal on July 24, 2024, causing personal injuries. The fast food chain denies the allegations, demanding strict proof of the claims.
A Texas man sued Whataburger after allegedly going into an allergic attack caused by onions that were inadvertently put in his food. Although he had instructed the restaurant in advance to hold back onions due to his allergy, Demery Ardell Wilson accuses negligence on the part of the fast food restaurant for landing him into his medical emergency.
Sought in Harris County's 269th Judicial District Court, Wilson's suit charges Whataburger with failing to meet standards of care by serving him a meal that was defective and abnormally dangerous. Seeking between $250,000 and $1 million in damages, Wilson's suit raises questions regarding ongoing controversy surrounding the safety of allergens in the fast-food industry.
Texas man sued Whataburger for $1 million after onion error
A man is suing Whataburger after claiming his meal contained an ingredient he is allergic to.
Demery Ardell Wilson contends that he suffered an allergic reaction after consuming a "fast food meal" with onions at a Whataburger restaurant on July 24, 2024, according to NBC News. He alleges he requested that the onions be left out of his meal, but that the restaurant served it anyway due to their negligence.
The Texas man detailed his complaint in a petition filed on April 25 with the 269th Judicial District Court of Harris County, Texas. He accused Whataburger of negligence, alleging the company "failed to act in accordance with the proper standard of care," and as a consequence, he "sustain personal injuries."
Despite his request, the meal was cooked with onions, triggering a medical reaction that caused him to seek professional medical care, according to the lawsuit.
Whataburger denied these allegations in a separate court filing on May 16 and demanded "strict proof" of Wilson's claims, according to USA Today.
Wilson is seeking damages of between $250,000 and $1 million, according to court records reviewed by the news outlets.
The lawsuit cites a "manufacturing defect in the food at the time it left [Wilson's] possession," the meal being "defective because it was unsafe to eat," which made it "unreasonably dangerous," NBC News reports. However, the specific meal Wilson ordered, and the specific restaurant location, are not being disclosed.
Whataburger has refuted the claims in their denial, saying they did not know and could not have known that any food Wilson purchased "was in a defective or unreasonably dangerous condition" at the time of sale.
Wilson's attorney, Husein Hadi of the Hadi Law Firm, was unable to be contacted by PEOPLE on May 19 for comment. Whataburger also did not have a comment regarding the lawsuit.
This lawsuit follows a previous one Wilson filed against Sonic Drive-In nearly a year ago, in May 2024. Wilson also claimed in that lawsuit that he became sick after being served onions, for which he visited the doctor.
The Sonic lawsuit was immediately dismissed after the restaurant argued that Wilson must provide evidence of the allegations against them, NBC News reports.
