Texas man sues Whataburger for almost $1 MILLION over fast food 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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Reuters
15 minutes ago
- Reuters
Indian equity benchmarks to open flat as investors assess Trump's tariff threat
Aug 5 (Reuters) - India's equity benchmarks are set to open little changed on Tuesday after U.S. President Donald Trump reiterated his threat of harsh tariffs on goods from India over its Russian oil purchases. Gift Nifty futures were trading at 24,766 points as of 7:59 a.m. IST, indicating that the Nifty 50 (.NSEI), opens new tab will open around its previous close of 24,722.75. Trump on Monday threatened to raise tariffs on goods from India over its Russian oil purchases, while New Delhi called his attack "unjustified" and vowed to protect its economic interests, deepening the trade rift between the two countries. Analysts said the ongoing trade rift has hit the market sentiment, and expect benchmarks to remain in a range-bound trade until there is clarity over U.S. tariffs. The uncertainty has partly driven sustained foreign outflows from India. Foreign investors have sold Indian shares for 11 straight sessions till Monday, per provisional data. The Reserve Bank of India's policy decision on Wednesday will also be in focus. The central bank is expected to hold interest rates steady, but the odds of another cut have risen as the U.S. tariffs are adding to pressure on growth. ** IndusInd Bank ( opens new tab appoints veteran banker Rajiv Anand as chief executive officer for a three-year term starting August 25 ** China's Ant Group ( opens new tab to sell its entire stake in Indian payments firm Paytm ( opens new tab in block deals that could total 38 billion rupees ($433.72 million), according to a term sheet seen by Reuters on Monday ** Drugmaker Aurobindo Pharma ( opens new tab reports a lower first-quarter profit on Monday, as expenses grew faster than revenue - stung by weak prices in the key U.S. market
Reuters
an hour ago
- Reuters
Shares in Asia rally, dollar lower against yen on Fed rate cut bets
TOKYO, Aug 5 (Reuters) - Shares in Asia rose for a second consecutive session and the U.S. dollar held most of its losses on Tuesday as investors increased bets the Federal Reserve will act to prop up the world's largest economy. U.S. shares rallied on Monday on generally positive earnings reports and increasing bets for a September rate cut from the Fed after disappointing jobs data on Friday. Oil remained lower after output increases by OPEC+ and threats by U.S. President Donald Trump to raise tariffs on India over its Russian petroleum purchases. Japan's Nikkei rallied, with data showing a jump in the nation's service sector activity in July. "There are signs of weakness in parts of the U.S. economy, that plays to the view that maybe not in September, but certainly this year that the Fed's still on course to ease potentially twice," said Rodrigo Catril, senior currency strategist at National Australia Bank. MSCI's broadest index of Asia-Pacific shares outside Japan (.MIAPJ0000PUS), opens new tab was up 0.6% in early trade. The Nikkei climbed 0.5% after falling by the most in two months on Monday. The dollar dropped 0.1% to 146.96 yen . The euro was unchanged at $1.1572, while the dollar index , which tracks the greenback against a basket of major peers, edged up 0.1% after a two-day slide. Odds for a September rate cut now stand at about 94%, according to CME Fedwatch, from a 63% chance seen on July 28. Market participants see at least two quarter-point cuts by the end of this year. The disappointing nonfarm payrolls data on Friday added to the case for a cut by the Fed, and took on another layer of drama with Trump's decision to fire the head of labor statistics responsible for the figures. News that Trump would get to fill a governorship position at the Fed early also added to worries about politicisation of interest rate policy. Trump again threatened to raise tariffs on goods from India from the 25% level announced last month, over its Russian oil purchases, while New Delhi called his attack "unjustified" and vowed to protect its economic interests. Second-quarter U.S. earnings season is winding down, but investors are still looking forward to reports this week from companies including Walt Disney (DIS.N), opens new tab and Caterpillar (CAT.N), opens new tab. Tech heavyweights Nvidia (NVDA.O), opens new tab, Alphabet (GOOGL.O), opens new tab and Meta (META.O), opens new tab surged overnight, and Palantir Technologies (PLTR.O), opens new tab raised its revenue forecast for the second time this year on expectations of sustained demand for its artificial intelligence services. "Company earnings announcements continue to spur market moves," Moomoo Australia market strategist Michael McCarthy said in a note. In Japan, the S&P Global final services purchasing managers' index climbed to 53.6 in July from 51.7 in June, marking the strongest expansion since February. Oil prices were little changed after three days of declines on mounting oversupply concerns, with the potential for more Russian supply disruptions providing support. Brent crude futures were flat at $68.76 per barrel, while U.S. crude futures dipped 0.02% to $66.28 a barrel. Spot gold was slightly higher at $3,381.4 per ounce. The pan-region Euro Stoxx 50 futures were up 0.2%, while German DAX futures were up 0.3% and FTSE futures rose 0.4%. U.S. stock futures, the S&P 500 e-minis , were up 0.2%. Bitcoin was little changed at $114,866.06 after a two-day rally.
The Independent
an hour ago
- The Independent
House Bill 395 aims to protect employers from those who skip job interviews
Ohio House Bill 395 proposes the creation of an online registry for individuals who fail to attend job interviews without notice. The bill aims to protect employers and state unemployment services by promoting accountability and preventing the waste of taxpayer money. Ohio Representative Brian Lorenz, a co-sponsor, argues the bill is 'common sense' and necessary to bring accountability back to the system. Opponents, including Senate Democrat Bill DeMora, contend that existing Ohio laws already address unemployment requirements and the bill could unfairly penalize those in emergency situations. While the Department of Job and Family Services currently has a system for reporting interview no-shows, proponents of the bill seek a more streamlined process.
