A Texas man, Demery Ardell Wilson, has filed a lawsuit against Whataburger, claiming negligence after receiving onions in his meal despite requesting none. The suit was filed on April 25, 2024, in the 269th Judicial District Court of Harris County, stating that the inclusion of onions led to an allergic reaction that required medical attention.
Wilson alleges that Whataburger “failed to act in accordance with the appropriate standard of care,” asserting that the food he received contained a “manufacturing defect” since it was “defective because it was unsafe to eat.” The lawsuit describes the meal as “unreasonably dangerous” due to the unintended presence of onions. Although the exact order is not disclosed, Whataburger’s signature burger typically includes onions among its ingredients.
The lawsuit seeks financial compensation ranging from $250,000 to $1 million, covering damages, penalties, and other related expenses. Wilson has reserved the right to amend this total as the case progresses. Husein Hadi of the Hadi Law Firm represents Wilson but has not commented on the case following a request from TODAY.com.
Wilson has previously sued another fast food chain, Sonic Drive-In, in May 2024, but that suit was dismissed the following month. The specific Whataburger location involved in the lawsuit is not mentioned, but the chain operates primarily in Texas with 764 restaurants and additional locations in 16 other states. Whataburger has declined to comment on the lawsuit.
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