A Houston man is seeking more than $250,000 in financial relief after suffering from “serious injuries” and claims he had a “allergic reaction” when the onion was not removed from the burger ordered.
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The problem has been resolved
Special orders at fast food restaurants usually don’t come up in lawsuits, but one Houston man has beef with a specific burger chain.
According to a petition obtained by USA Today, Demery Ardell Wilson is suing Whataburger after he was subjected to an “allergic reaction” due to the onion being present in his burger after not adding vegetables. The incident occurred on July 24, 2024 at the location of Whataburger, unidentified, court documents say.
Due to an allergic reaction caused by onions, Wilson suffered “serious personal injury” and “he had to take care of a medical professional,” the petition states. He is seeking more than $250,000 in monetary relief, but court documents continue to say it is less than $1 million.
Whataburger denied Wilson’s claim in another court document filed May 16, demanding “strict evidence” of his claim. The San Antonio, Texas-based chain also claims they had no idea and did not know that the products Wilson purchased were “in a defective or unfairly dangerous condition at the time.”
A Whataburger spokesman told USA Today on May 17 that he had not commented on the pending lawsuit.
Wilson also sued Sonic Drive-In to add onions to the burger
Whataburger is not the only fast food chain Wilson has sued onions. He previously filed a lawsuit against Sonic Drive-In.
According to the petition, Wilson won a burger on April 14, 2023 from Cypress’s Sonic Drive-In, a region 24 miles northwest of downtown Houston. Like the alleged case in Whataburger, Wilson said he did not request onions from his burger, court documents say.
The onion in the burger made Wilson “feel sick,” the petition said. The incident also left Wilson with “serious personal injury,” which led him to seek care from a medical professional.
Sonic Drive-In denied Wilson’s claim in court documents filed May 12, saying it “needs to prove the charge and claim.”
USA Today contacted Sonic Drive-In on May 17th about an unresolved lawsuit, but has not received a response.
Jonathan Limehouse covers USA Today’s broken and trending news. Contact him at jlimehouse@gannett.com.
