Posted on 05/22/2009 7:16:46 AM PDT by big black dog
Darius Dugger wanted it his way: no tomatoes, no onions, no pickles.
He didn't get it. So he sued.
Dugger is seeking $100,000 in damages, plus legal fees and court costs, after a Burger King franchise allegedly messed up his order, causing him to fall ill.
A lawsuit filed in Virginia Beach Circuit Court claims that on April 10, 2007, Dugger ordered a drink and two sandwiches from the restaurant on Monticello Avenue in James City County. Then the Portsmouth man left the restaurant, joined a group of co-workers for lunch and pulled out his sandwich.
But, the suit says, it wasn't until he'd already taken a bite - and swallowed - that he realized his "specific request for the omission of onions, pickles and tomatoes had not been complied with."
Dugger says he suffered a "severe allergic reaction," racking up medical bills and forcing him to miss work. The suit says Burger King's error was "tantamount to negligence."
Two years ago, Burger King competitor McDonald's was named in a similar lawsuit. A West Virginia man, along with his mother and a friend, sued the chain for $10 million.
The man said he was served a Quarter Pounder with cheese, despite his request for no cheese, and that he suffered a severe allergic reaction after biting into the burger. The case was dismissed in March.
Mistakes happen in life.
If you have a severe food allergy and do not check you food before biting into it (and swallowing), it is nobody’s fault but yours.
Tell this guy to take a hike.
not only check the sandwich but not even eat in such an establishment if the allergies are that severe. Simply removing a pickle from a burger is not the same thing as no pickle placed there or any other allergen.
If I was that allergic, I don't know whether I would even go into a fast food restaurant. You never know if the pickle piler handled your sandwich even if he didn't put some on it.
My wife shares your distaste for ketchup, yep, about 1 in 5.
How hard can it be to leave the ketchup off?
She always looks before taking a bite of the sandwich, that’s just common sense.
You have to read this related story on this guy.
http://unvegan.com/fast-food/darius-dugger-unvegan-hero/
AH HA! It was the vegetables that did him in. What do you say to that Michelle Obama?
I hope he called 911 first. /sarcasm
In a just world, the plaintiff would be doing hard time.
If you want it your “own way” that badly, then make it your own damn self! What an idiot.
Oh man, it’s that easy to get my payday......I’m headin to McDonalds for lunch.
Man I hope they put onions on my burger....I triple dog dare’em.
This idiot sounds like he may be a future Darwin awards candidate.
You're old.
I can’t stand cilantro, and I got tired a LONG time ago with having to do the old Monty Python spam routine with the dunces behind the registers at Mexican and Mexican-ish fast food joints like El Pollo Loco. (”Ok, so I want NO cilantro on this salad, not anywhere, and NO salsa fresca, and the hot salsa instead of the green salsa, and just to make absolutely sure, the guacamole is JUST avacados, and NO cilantro?” “Uh, well, there’s SOME cilantro...”)
So I just don’t go to those places any more. I have better things to do with my life than cross-examine at least two counter people and one manager to try to find out how many ways (up to five at El Pollo Loco) they’re trying to sneak those soapy lawn clippings into otherwise edible food.
Put me on that gold-digger’s jury.
LOL!
Agreed if something makes you have a violent reaction you would never trust someone else to make it correctly.
Pretty hard if you dont understand English. If I sued for every time my order was screwed up, I'd be retired right now.
How about...Hey man give me your burger and I’ll sue the hell out of ‘em. There is no way for him to prove any of this once he left the store
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