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.
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Special orders at a fast-food restaurant do not usually come up in a lawsuit, but one Houston man has a beef with a particular burger chain.
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.
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.
Wilson also sued Sonic Drive-In for adding onions to burger
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.
Jonathan Limehouse covers breaking and trending news for USA TODAY. Reach him at JLimehouse@gannett.com.
