Whataburger Faces Lawsuit: Customer Claims Onions Triggered Allergic Reaction
Uncommonly, special requests at a fast-food joint end up in court, but a Houston man is suing over an issue with a specific burger franchise.
Demery Ardell Wilson has filed a lawsuit against Whataburger following an alleged allergic reaction caused by onions in his burger, despite having asked for no vegetables to be included. This information comes from the legal papers acquired by USA TODAY. According to these documents, the event took place on July 24, 2024, at an unspecified Whataburger outlet.
Because of the allergic response triggered by the onions, Wilson experienced “significant bodily harm,” as stated in the petition, requiring him to receive treatment from healthcare providers. The legal papers go on to say he is pursuing compensation exceeding $250,000 yet below $1 million.
In a distinct legal filing dated May 16, Whataburger refuted Wilson’s accusations and requested “concrete evidence” to support his claims. The company, which has its headquarters in San Antonio, Texas, further asserted that they were unaware of, and had no reasonable means to be aware of, any defect or unsafe conditions in products bought by Wilson at the time of purchase.
A representative from Whataburger informed USA TODAY on May 17 that they do not discuss ongoing legal proceedings.
Wilson similarly filed a lawsuit against Sonic Drive-In for including onions in their burgers.
Wilson hasn’t just taken legal action against Whataburger for issues with onions; he also formerly brought a suit against Sonic Drive-In.
The petition claims that on April 14, 2023, Wilson ordered a hamburger from a Sonic Drive-In located in Cypress, which is situated 24 miles northwest of central Houston. Similar to what was reported about the event at Whataburger, Wilson stated that he specifically asked for no onions on his burger, as mentioned in the legal papers.
According to the petition, the onions on the burger made Wilson feel nauseous. The incident also resulted in “significant personal injuries” for Wilson, leading him to receive treatment from healthcare providers.
Sonic Drive-In refuted Wilson’s claims in a legal filing submitted on May 12, stating that he must “demonstrate proof of the accusations and assertions” made against their organization.
USA TODAY reached out to Sonic Drive-In regarding the still unresolved lawsuit on May 17 but hasn’t gotten a reply yet.
Jonathan Limehouse reports on current and developing news stories for USA TODAY. You can contact him at JLimehouse@gannett.com
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The article initially appeared on USA TODAY:
A customer has filed a lawsuit against Whataburger claiming that the onions on their burger triggered an allergic reaction.