Customer sues burger chain for nearly $1 million after alleged allergic reaction
Rachael Davis
Featured Image Credit: The Washington Post/Getty Images
A man has filed a lawsuit against Whataburger, a burger-focused fast food chain with 1,000 locations across the US. He claims that he was served onions, which he’s allergic to, despite having asked for them to be removed.
Demery Ardell Wilson said the incident resulted in ‘personal injuries’ that could have been avoided has his request for no onions been honoured.
According to NBC News, the lawsuit says that Wilson was served the meal on July 25th 2024 and that his request for onions to be removed was missed through the Whataburger outlet’s negligence.
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Wilson’s petition, filed on April 2th 2025 in Texas’s 269th Judicial District Court of Harris County, alleged that the chain had ‘failed to act in accordance with the appropriate standard of care’, and that the incident led him to ‘suffer personal injuries’.
USA Today said that Whataburger has denied the allegations and demanded ‘strict proof’ of Wilson’s claims. Wilson is seeking a payout of more than $250,000 (£187,000) but less than $1 million (£748,000).
NBC News said the lawsuit claims there was a ‘manufacturing defect’ in the meal, and that it was ‘defective because it was unsafe to eat’ and the alleged defect ‘rendered it unreasonably dangerous’.
At this time it’s unclear what meal Wilson was served that day.
Hadi Law, representing Wilson in this lawsuit, has previously represented him in a lawsuit filed against Sonic Burger in May 2024. USA Today said that Wilson alleged he was made to ‘feel sick’ and required medical attention after being served food containing onions by the chain.
The Sonic Burger case was dismissed, with the restaurant arguing that the complainant must ‘be required to prove the charges and allegations’, according to NBC News.
FOODBible has reached out Whataburger and Hadi Law for comment.