A Texas man is suing Whataburger for nearly $1 million after an allergic reaction to onions that he specifically requested be left off his burger, raising questions about restaurant accountability for food allergies.
At a Glance
- Demery Ardell Wilson has filed a lawsuit against Whataburger seeking between $250,000 and $1 million in damages
- Wilson claims he suffered a medical reaction requiring professional care after being served onions despite specifying his allergy
- The incident occurred on July 24, 2024, with the lawsuit filed in Texas’ 269th Judicial District Court on April 25
- Whataburger denies all allegations and has demanded “strict proof” of Wilson’s claims
- This is not Wilson’s first food-related lawsuit; he previously filed a similar case against Sonic Drive-In that was dismissed
Medical Reaction Leads to Major Lawsuit
Demery Ardell Wilson is taking legal action against Texas-based fast-food chain Whataburger, claiming negligence after allegedly being served onions despite specifically requesting they be omitted due to his allergy. According to court documents filed in the 269th Judicial District Court of Harris County, Wilson experienced an adverse medical reaction on July 24, 2024, that required him “to seek the care of medical professionals.” The lawsuit characterizes the meal as “unreasonably dangerous” and alleges Whataburger “failed to act in accordance with the appropriate standard of care.”
The lawsuit doesn’t specify exactly which menu item Wilson ordered, though most Whataburger sandwiches come with onions by default. The legal complaint contends that the restaurant’s failure to honor his no-onion request constituted negligence and rendered the food defective. Wilson is seeking substantial compensation, requesting “monetary relief over $250,000.00 but less than $1,000,000,” though his attorneys note this amount may be amended as the case progresses.
Whataburger’s Response and Allergen Policies
Whataburger has firmly denied all allegations in the lawsuit and is demanding “strict proof” of Wilson’s claims. The company, founded in 1950 and headquartered in San Antonio, operates primarily in Texas with locations across 16 other states. While Whataburger’s website lists common allergens such as wheat, soy, and gluten in their menu items, onions are not specifically mentioned among their tracked allergens, which could become a factor in the legal proceedings.
The case raises important questions about restaurant responsibilities regarding food allergies and customized orders. Food service establishments typically have protocols for handling allergy-related requests, but this lawsuit highlights potential gaps in those systems. Restaurants must balance efficiency with safety, particularly during busy periods when special requests might be overlooked, potentially leading to serious health consequences for customers with allergies.
Legal Context and Precedent
This is not Wilson’s first legal action against a fast-food establishment. Court records indicate he previously filed a lawsuit against Sonic Drive-In, though that case was dismissed. The current lawsuit against Whataburger is being handled by attorney Husein Hadi of the Hadi Law Firm. Legal experts note that food allergy cases can be complex, requiring plaintiffs to demonstrate both negligence and a direct causal relationship between the alleged mistake and the medical reaction.
The outcome of this case could influence how restaurants handle special dietary requests and train staff regarding food allergies. While most similar cases settle out of court, those that proceed to trial establish precedents that shape industry practices. With food allergies affecting approximately 32 million Americans according to Food Allergy Research & Education, the restaurant industry faces increasing pressure to implement robust procedures for addressing allergen concerns and special order requests.
