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Portsmouth man sues Burger King for not holding the extras
hamptonroads.com ^

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.


TOPICS: Culture/Society; US: Virginia
KEYWORDS: allergies; burgerking; fastfood; lawsuit
It seems someone with a food allergy would check before biting. I hate ketchup on burgers and always request that this be held. About 1 in every 5 orders, those "genius" food preparers put it on anyway, and I have to stroll back up to the counter and have them remake it.
1 posted on 05/22/2009 7:16:47 AM PDT by big black dog
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To: big black dog

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.


2 posted on 05/22/2009 7:18:26 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective.)
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Dear FRiends,

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We’re all in this together.

3 posted on 05/22/2009 7:18:59 AM PDT by ButThreeLeftsDo (FR. ....Monthly Donors Wanted.)
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To: big black dog

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.


4 posted on 05/22/2009 7:19:32 AM PDT by fortunate sun (Undermine Obama with every thought, word and deed.)
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To: big black dog
Give him his $2 for the sandwich and then charge him for Burger King's legal costs.

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.

5 posted on 05/22/2009 7:20:39 AM PDT by KarlInOhio (No free man bows to a foreign king.)
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To: big black dog

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.


6 posted on 05/22/2009 7:21:18 AM PDT by Graybeard58 (39 shopping days to Graybeard58's b/day. Selah.)
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To: big black dog

You have to read this related story on this guy.

http://unvegan.com/fast-food/darius-dugger-unvegan-hero/


7 posted on 05/22/2009 7:21:19 AM PDT by edcoil (IF CA rolls pollution standards back to 1990 levels, lets roll CA spending back as well.)
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To: KarlInOhio

AH HA! It was the vegetables that did him in. What do you say to that Michelle Obama?


8 posted on 05/22/2009 7:22:11 AM PDT by massgopguy (I owe everything to George Bailey)
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To: big black dog

I hope he called 911 first. /sarcasm


9 posted on 05/22/2009 7:22:11 AM PDT by bmwcyle (American voters can fix this world if they would just wake up.)
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To: big black dog

In a just world, the plaintiff would be doing hard time.


10 posted on 05/22/2009 7:22:24 AM PDT by boocoowell (Mares eat oats, does eat oats, and little lambs eat ivy)
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To: big black dog

If you want it your “own way” that badly, then make it your own damn self! What an idiot.


11 posted on 05/22/2009 7:22:49 AM PDT by Larry Lucido
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To: big black dog

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.


12 posted on 05/22/2009 7:23:20 AM PDT by servantboy777
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To: big black dog

This idiot sounds like he may be a future Darwin awards candidate.


13 posted on 05/22/2009 7:23:26 AM PDT by Merlinator (One Big A$$ Mistake America)
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To: big black dog

14 posted on 05/22/2009 7:23:54 AM PDT by andy58-in-nh (You have enemies? Good. That means you've stood up for something, sometime in your life.)
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To: boocoowell
(Mares eat oats, does eat oats, and little lambs eat ivy)

You're old.

15 posted on 05/22/2009 7:24:39 AM PDT by Graybeard58 (38 shopping days to Graybeard58's 64th. b/day. Selah.)
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To: big black dog

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.


16 posted on 05/22/2009 7:25:45 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Graybeard58

LOL!


17 posted on 05/22/2009 7:27:29 AM PDT by Ann Archy (Abortion....the Human Sacrifice to the god of Convenience.)
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To: big black dog

Agreed if something makes you have a violent reaction you would never trust someone else to make it correctly.


18 posted on 05/22/2009 7:28:51 AM PDT by ThisLittleLightofMine
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To: Graybeard58
How hard can it be to leave the ketchup off?

Pretty hard if you dont understand English. If I sued for every time my order was screwed up, I'd be retired right now.

19 posted on 05/22/2009 7:29:25 AM PDT by Long Island Pete (Stupidity is in the DNA of liberals.)
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To: servantboy777

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


20 posted on 05/22/2009 7:30:01 AM PDT by ontap (Just another backstabbing conservative)
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To: ontap

>>There is no way for him to prove any of this once he left the store<<

Does it really matter? The guy should just ask for his money back.

The real issue is HOW THE HELL DID THIS LAWSUIT EVER GET FILED??????


21 posted on 05/22/2009 7:32:07 AM PDT by servantboy777
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To: big black dog

Absolutely. Caveat emptor. If I had a serious food allergy, I would always LOOK too - it’s easier and saner to do. I’ve had food orders mixed up so many times, I would NEVER assume they do it right but I’m not going to become deathly ill or have to be hospitalized if they mix up MY order.

Some people don’t want to have any accountability for their own stupidity.


22 posted on 05/22/2009 7:34:45 AM PDT by Paved Paradise
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To: big black dog
[after receiving the wrong order at the drive-thru] Leo Getz: They F@#K YOU at the drive-thru, okay? They F@#K YOU at the drive-thru! They know you're gonna be miles away before you find out you got f'd! They know you're not gonna turn around and go back, they don't care. So who gets f@#ked? Ol' Leo Getz! Okay, sure! I don't give a f#$k! I'm not eating this tuna, okay?
23 posted on 05/22/2009 7:39:56 AM PDT by Le Chien Rouge
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To: big black dog

Mr. Dugger later withdrew the lawsuit after he was reportedly visited at home by a Burger King spokesman who asked him, “Where is your god now?”


24 posted on 05/22/2009 7:44:29 AM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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To: big black dog

Same here — don’t like mayo and ketsup together so I always order it without but I have learned to check before I pull away from the drive-thru.

McDonald’s messed up major league with two orders in a row so I complained to their management and we got six free orders. I had brought them home and when I took them back I had to stand in line with people who had their drive-thru order messed up that day. That was the 2nd time it had happened.

I don’t have a food allergy but I always check. Not to mention the tomatoes are ALWAYS hanging out of the sandwich at Burger King.


25 posted on 05/22/2009 7:45:31 AM PDT by PhiKapMom (Mary Fallin for OK Governor in 2010! Mark Rubio for FL Governor in 2010!)
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To: Long Island Pete
If I sued for every time my order was screwed up, I'd be retired right now.

No kidding! Sheesh.

26 posted on 05/22/2009 7:48:04 AM PDT by Shelayne (Lord, come quickly!)
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To: servantboy777
Do you suppose a surplus of blood sucking, parasitic, sleazeball, scum eating, thieving, retirement stealing, soulless attorneys might have something to do with it?
27 posted on 05/22/2009 7:48:12 AM PDT by PSYCHO-FREEP (Give me LIBERTY or give me an M-24A2!)
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To: big black dog
Who the f**k is Darius Dugger?


28 posted on 05/22/2009 7:49:04 AM PDT by NRA1995 (I'd be embarrased to be driving a Yaris....)
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To: ontap
"There is no way for him to prove any of this once he left the store".

Yes, but an empathic judge would rule in his favor because he is a common man who suffered at the hands of a multibillion dollar international corporation. Who needs proof?

29 posted on 05/22/2009 7:52:09 AM PDT by neocon1984
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To: neocon1984

LOL that’s “change” for you


30 posted on 05/22/2009 7:52:55 AM PDT by ConservativeMan55
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To: NRA1995
Who the f**k is Darius Dugger?
31 posted on 05/22/2009 7:54:43 AM PDT by highnoon (This whole Obama thing is like a bad, 70's, made for TV movie.)
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To: big black dog

Can’t imagine what he does with the complimentary peanuts from the airlines.


32 posted on 05/22/2009 8:05:13 AM PDT by OpeEdMunkey (We seem to have reached a critical mass of stupid people.)
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To: neocon1984

As usual we can’t guard against stupid judges.....but one can appeal and believe me Burger king will and should. We hear a lot about these kind of claims but they usually don’t prevail.


33 posted on 05/22/2009 8:14:10 AM PDT by ontap (Just another backstabbing conservative)
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To: big black dog

Do these idiots bear any responsibility for their own condition?


34 posted on 05/22/2009 8:20:12 AM PDT by mylife (The Big Tent Is A Big Mistake)
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To: big black dog
If I sued every time the ILLEGALS working at 'my' McDonalds & White Castle screwed up my order I'd have more money than Bill Gates.

As to 'my' Burger King, never had a problem. They do, 'Make It My Way'

35 posted on 05/22/2009 8:21:15 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
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To: big black dog
These guys need to visit him:

"We'll have your nipples our way"

36 posted on 05/22/2009 8:32:11 AM PDT by LRS (Just contracts; just laws; just a constitution...)
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To: PSYCHO-FREEP

I just think your way off base here. /s


37 posted on 05/22/2009 8:57:50 AM PDT by servantboy777
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To: PSYCHO-FREEP

So, I can assume that you are not a lawyer?


38 posted on 05/22/2009 9:10:08 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: Red in Blue PA

If these people win their cases, look for thousands of imitators to order sandwiches at numerous fast-food places, wait for one that comes with the “wrong” ingredients, claim a severe allergic reaction, and sue the hell out of the firm. It’ll be like the mouse in the beer bottle scam.


39 posted on 05/22/2009 9:56:50 AM PDT by driftless2 (four)
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To: big black dog

“It seems someone with a food allergy would check before biting.”

Agreed. A friend has food allergies and rarely eats out and when he does, he’s very careful to check his food.


40 posted on 05/22/2009 10:12:25 AM PDT by Rebelbase
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To: LRS

"Have it your way, meat and buns only coming right up!"
41 posted on 05/22/2009 10:19:50 AM PDT by Rebelbase
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To: big black dog
guess he took this ad from the BK bags to heart: Image Hosted by ImageShack.us

42 posted on 05/22/2009 10:27:55 AM PDT by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
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To: big black dog
It seems someone with a food allergy would check before biting. I hate ketchup on burgers and always request that this be held. About 1 in every 5 orders, those “genius” food preparers put it on anyway, and I have to stroll back up to the counter and have them remake it.

I don't have food allergies, but I don't want everything they throw on the burger. I try to watch the preparer make the burger(I realize all BK’s are not laid out the same, but this is possible at the locations I usually go to), and if I have any doubts I open up the packaging at the counter and check it.
43 posted on 05/22/2009 10:42:47 AM PDT by Cheburashka (It's a sin to mock a killing bird. And in general very risky.)
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To: RichInOC
You mean like this?


44 posted on 05/22/2009 10:55:20 AM PDT by Cheburashka (It's a sin to mock a killing bird. And in general very risky.)
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To: KarlInOhio
Give him his $2 for the sandwich and then charge him for Burger King's legal costs.

Give him back his money, charge him legal fees, and ban him from the store permanently. Anyone who fails to check is obviously not competent to be able to navigate the difficult task of eating at Burger King.

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.

I'm not allergic, but have a food sensitivity that can leave me sick and in pain for weeks after exposure.

I choose to eat out once in a while & assume the risk. I also assume that the waiter/cook/etc., may not get it right and always check. Sometimes they do, sometimes they don't. Sometimes I can't tell. Either way, my health is my responsibility. If it means that much to you, check - especially something obvious and easy like this.

45 posted on 05/22/2009 11:08:48 AM PDT by mountainbunny (Mitt Romney: Collect the whole set!)
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To: All

You know, when I think about, wouldn’t it be obvious that a burger had onions and tomato on it without even having to lift the bun?


46 posted on 05/22/2009 11:35:29 AM PDT by big black dog
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