A Texas man is suing Whataburger alleging that when he requested no onions with his meal, he got them anyway, equating to negligence on the chain’s part.
A petition filed by Demery Ardell Wilson in Texas’ 269th Judicial District Court of Harris County on April 25 claimed that Whataburger “failed to act in accordance with the appropriate standard of care,” causing Wilson to “suffer personal injuries.”
Representatives for Whataburger declined TODAY.com’s request for comment.
The lawsuit states that on July 24, 2024, Wilson visited a Whataburger location where he ate a “fast-food meal” that caused an allergic reaction because of onions present in it after he requested that there be none. He says that as a result, he required medical attention.
The filing doesn’t mention what Wilson ordered, but the chain’s eponymous burger offering, the Whataburger, features a beef patty with mustard, tomato, lettuce, pickles and diced onions on a bun. The chain’s site has a page that lists possible allergens like wheat, soy, gluten and more — but not onion.
“There was a manufacturing defect in the food at the time it left [Wilson’s] possession,” reads the filing, adding that what he ate was “defective because it was unsafe to eat” and that “rendered it unreasonably dangerous.”
The filing claims Whataburger was negligent by providing Wilson a meal that included onions and that its inclusion rises to the level of a “manufacturing defect.”
The plaintiff is seeking “monetary relief over $250,000.00 but less than $1,000,000,” which includes damages, penalties, costs, expenses, prejudgment interest and all other relief. “Plaintiff expressly reserves the right to amend this damage calculation as discovery progresses,” the suit reads.
The filing, as well as an affidavit served to Whataburger obtained by NBC News, lists Husein Hadi of the Hadi Law Firm as lead attorney for the plaintiff.
Hadi and the Hadi Law Firm did not immediately respond to TODAY.com’s request for comment.
The plaintiff’s lawsuit against Whataburger isn’t the first time he’s litigated against a fast food restaurant. In May 2024, Hadi represented Wilson in a suit against Sonic Drive-In — but that was dismissed one month later.
The specific Whataburger location is also not mentioned in the suit, but the chain primarily operates in Texas, where it currently has 764 restaurants. The burger business also has locations in 16 other states, like North Carolina, Georgia and Florida.
This story first appeared on TODAY.com. More from TODAY:
