A Harris County man is taking one of Texas' most beloved fast-food chains to court, claiming a simple order modification gone wrong landed him in the doctor's office — and now he wants up to $1 million for his trouble.
The case was filed on April 25 in Texas' 269th Judicial District Court of Harris County, where plaintiff Demery Ardell Wilson filed a personal injury lawsuit against Whataburger. The court filing states that on July 24, 2024, Wilson was at a Whataburger where he ate a fast-food meal and had an allergic reaction due to onions being present after he had specifically requested none.
Wilson claims he sustained serious personal injuries requiring him to seek care from medical professionals. The lawsuit, which seeks between $250,000 and $1 million in damages, alleges Whataburger failed to act appropriately and reasonably should have known of the danger of their actions.
According to court records, Wilson says he took just one bite of his meal, immediately tasted onion, and did not take another bite — but that single bite was enough to trigger his allergic reaction.
The lawsuit frames the situation in stark legal terms. Wilson's filing describes the meal as a "manufacturing defect" that was "unsafe to eat," and accuses Whataburger of being "strictly liable for manufacturing defective and unreasonably dangerous food" served to the public. The lawsuit does not name the specific Whataburger location involved.
Whataburger isn't accepting the allegations quietly. In a separate court document filed on May 16, Whataburger denied all of Wilson's allegations and demanded "strict proof" of his assertions, specifically denying that any of its employees were negligent. The company also stated it did not know, and should not have known, that any product Wilson purchased was in a defective or unreasonably dangerous condition at the time. A Whataburger representative told Fox News Digital the company does not comment on pending litigation.
This isn't Wilson's first legal dispute with a fast-food chain over onions. He also sued Sonic Drive-In for serving him onions in a meal purchased on April 14, 2023, which he says similarly triggered an allergic reaction. That lawsuit was dismissed about a month after it was filed.
Wilson's attorney is Husein Hadi of the Hadi Law Firm. Neither Hadi nor Whataburger responded to media requests for comment beyond official court filings.
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The man claims he sustained serious personal injuries requiring him to seek care from medical professionals.
