Whataburger sued by customer alleging onions on burger caused 'allergic reaction'
A Houston man is seeking monetary relief of more than $250,000 after suffering 'serious personal injuries,' claiming he had an 'allergic reaction' when onions were not left off the burger he ordered.
Jonathan Limehouse
Demery Ardell Wilson is suing Whataburger after he got an "allergic reaction" due to onions being present on his burger after he requested the vegetables not be added, according to the petition obtained by USA TODAY. The incident occurred on July 24, 2024, at an unidentified Whataburger location, the court document says.
Due to the allergic reaction caused by the onions, Wilson suffered "serious personal injuries," for which "he had to seek the care of medical professionals," the petition states. He is seeking monetary relief of over $250,000, but less than $1 million, the court document continues. overon, the court document continues. Whataburger denied Wilson's allegations in a separate court document filed on May 16, and demanded "strict proof" of his assertions. The San Antonio, Texas-headquartered chain also claims 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."
A Whataburger spokesperson told USA TODAY on May 17 that it does not comment on pending litigation.
Whataburger is not the only fast food chain Wilson has sued over onions. He also previously filed a lawsuit against Sonic Drive-In.
According to the petition, Wilson picked up a burger on April 14, 2023, from a Sonic Drive-In in Cypress, an area 24 miles northwest of downtown Houston. Like the alleged incident at Whataburger, Wilson said he requested no onions on his burger, the court document states.
The onions on the burger caused Wilson to "feel sick," the petition says. This incident also left Wilson with "serious personal injuries" that caused him to seek the care of medical professionals.
Sonic Drive-In denied Wilson's allegations in a court document filed on May 12, saying that he should "be required to prove the charges and allegations" against them.
USA TODAY contacted Sonic Drive-In about the as-yet-unresolved suit on May 17 but has not received a response.
Texas man suing fast-food chain Whataburger for $1 million for allergic reaction to onions
HOUSTON — Hold the onions, please - or not. That is what a Texas man is claiming the popular fast-food chain Whataburger forgot to do to for his order.
Demery Ardell Wilson alleges he suffered personal injuries after the chain “failed to act in accordance with the appropriate standard of care,” according to a petition filed in the Texas’ 269th Judicial District Court of Harris County on April 25.
Wilson said he visited Whataburger on July 24, 2024, and ordered a meal that caused an allergic reaction due to onions being present after he requested no onions. He allegedly “had to seek the care of medical professionals” due to the allergic reaction.
The suit filed by Wilson is asking between $250,000 and $1 million in damages due there being “a manufacturing defect in the food at the time it left [Wilson’s] possession,” according to the filing.
The suit adds that Wilson’s meal was “defective because it was unsafe to eat.”
Whataburger filed a response to the lawsuit on Friday and denied the allegations made by Wilson.
It is unclear at the time what Wilson ordered specifically or which Whataburger location the incident occured at.
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