Demery Ardell Wilson is suing the fast-food chain Whataburger, alleging negligence after he reportedly received onions in his meal despite specifically requesting none. This unwanted inclusion, Wilson claims, led to personal harm. The lawsuit, filed in Texas’ 269th Judicial District Court of Harris County on April 25, contends that Whataburger “failed to act in accordance with the appropriate standard of care,” which directly caused Wilson to “suffer personal injuries.”
The legal filing details the incident on July 24, 2024, where Wilson consumed a “fast-food meal” from a Whataburger location. He asserts that this meal contained onions, contrary to his explicit request, triggering an allergic reaction that necessitated medical attention.
The filing further describes the food item, stating, “There was a manufacturing defect in the food at the time it left [Whataburger’s] possession,” adding that what he consumed was “defective because it was unsafe to eat” and that this “rendered it unreasonably dangerous.”
Representatives for Whataburger have declined to comment on the allegations when approached by TODAY.com.
While the lawsuit does not specify the exact meal Wilson ordered, it’s noted that the chain’s signature “Whataburger” typically includes diced onions. Whataburger’s website does provide a page listing potential allergens such as wheat, soy, and gluten, but onions are not listed among them, presumably because they are not an FDA-designated Top 9 allergen. The filing argues that Whataburger was negligent by serving Wilson a meal with onions and categorizes this inclusion as a “manufacturing defect.”
The plaintiff is seeking significant financial compensation, specifically “monetary relief over $250,000.00 but less than $1,000,000.” This amount is intended to cover damages, penalties, costs, expenses, prejudgment interest, and any other applicable relief. The suit also includes a provision stating, “Plaintiff expressly reserves the right to amend this damage calculation as discovery progresses,” indicating the potential for the requested sum to change.
Husein Hadi of the Hadi Law Firm is listed as the lead attorney for Wilson, according to the filing and an affidavit served to Whataburger. However, neither Hadi nor the Hadi Law Firm immediately responded to requests for comment from TODAY.com regarding the case. This lawsuit is not Wilson’s first legal action against a fast-food establishment; in May 2024, Hadi also represented Wilson in a suit against Sonic Drive-In, though that case was dismissed a month later.
The specific Whataburger restaurant involved in the incident is not named in the suit. Whataburger predominantly operates in Texas, boasting 764 locations in the state. The company also has a presence in 16 other states, including North Carolina, Georgia, and Florida, but the lawsuit does not specify if the incident occurred at one of these out-of-state locations or within Texas.
This idiot is obviously trying to cash in as he has done this before. This is incredibly dangerous as it could potentially reduce how the courts perceive the seriousness of the issue for people with legitimate allergies.
Even though McD’s has been safe for me, I always open the burger to make sure no mayo or sauce has made its way accidentally. This guy sounds like a grifter.
Serious allergy? Make your own food.