A Texas man is suing Whataburger after he requested no onions with his meal but got them anyway, according to a court filing.
The lawsuit was filed last month by Demery Wilson in Texas’ 269th Judicial District Court of Harris County.
The documents claim that Wilson visited a Whataburger location on July 24, 2024, and ordered a “fast-food meal” without onions, according to a copy of the filings seen by Fox News.
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However, Wilson claims that the order did contain onions — which apparently then triggered an “allergic reaction” for which “he had to seek the care of medical professionals.”
Whataburger denied Wilson’s allegations in a separate court document filed on May 16, demanding “strict proof” of his assertions.
A representative for the San Antonio, Texas-based fast-food chain told Fox News Digital on Tuesday that the company does not comment on pending litigation.
Fox News Digital reached out to Wilson’s attorney seeking comment.
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Although the court filing doesn’t specify what Wilson claims to have ordered from the fast-food chain, the classic Whataburger features a beef patty with mustard, tomato, lettuce, pickles and diced onions on a bun, according to its website.
The Whataburger website also has a page that lists possible allergens, including wheat, soy, gluten, eggs and milk – but not onions.
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“There was a manufacturing defect in the food at the time it left [Whataburger’s] possession,” according to the lawsuit.
“The food was defective because it was unsafe to eat.”
“[The plaintiff] is seeking monetary relief of over $250,000 but less than $1 million, according to the lawsuit.”
The lawsuit claims that Whataburger is “strictly liable for manufacturing defective and unreasonably dangerous food” that it served to the public.
Wilson is seeking monetary relief of over $250,000 but less than $1 million, according to the suit.
In its response, Whataburger “denies it knew or should have known that any product purchased by [Wilson] at the restaurant in question was in a defective or unreasonably dangerous condition at the time [the items] were allegedly purchased.”
This isn’t the first time Wilson has sued a fast-food restaurant chain because of a problem with his meal.
A lawsuit filed against Sonic on Wilson’s behalf in 2024 alleges that onions were included in his burger, making him sick, as Fox 26 in Houston reported.
Sonic is seeking proof of the allegations and has requested a jury trial.
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