A Texas man is suing Whataburger after he says the chain served him onions in his meal even though he clearly asked for none, and it landed him needing medical care.
Demery Ardell Wilson filed the lawsuit in Harris County on April 25, claiming Whataburger was negligent and failed to meet the standard of care. He says the mistake caused him to suffer a serious allergic reaction.
According to the suit, Wilson visited a Whataburger location on July 24, 2024 and ordered a meal with no onions. The lawsuit does not specify which item he ordered, but the chain’s classic Whataburger usually comes with diced onions by default. Wilson says the meal he received included onions anyway, which triggered his reaction and required medical treatment.
The lawsuit describes the incident as a manufacturing defect, arguing the food was unsafe to eat and unreasonably dangerous due to the presence of the ingredient he explicitly asked to avoid.
Wilson is seeking between $250 thousand and $1 million in damages for medical cost,s penalties and other losses. He also reserves the right to increase that amount as the case moves forward.
Whataburger has not commented on the lawsuit and Wilson’s attorney Husein Hadi of the Hadi Law Firm has not responded to media inquiries. This is not Wilson’s first legal run-in with fast food. He previously filed a suit against Sonic Drive-In in May 2024, but that case was dismissed a month later.
The exact Whataburger location involved in this lawsuit is not listed in the filing. The chain operates over 760 locations in Texas and is present in 16 other state,s including Florida Georgia and North Carolina.
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