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 $10 million.
The man said he was served a Quarter Pounder with cheese, despite his request for no cheese, and that he suffered a severe allergic reaction after biting into the burger. The case was dismissed in March.
>>There is no way for him to prove any of this once he left the store<<
Does it really matter? The guy should just ask for his money back.
The real issue is HOW THE HELL DID THIS LAWSUIT EVER GET FILED??????
Absolutely. Caveat emptor. If I had a serious food allergy, I would always LOOK too - it’s easier and saner to do. I’ve had food orders mixed up so many times, I would NEVER assume they do it right but I’m not going to become deathly ill or have to be hospitalized if they mix up MY order.
Some people don’t want to have any accountability for their own stupidity.
[after receiving the wrong order at the drive-thru] Leo Getz: They F@#K YOU at the drive-thru, okay? They F@#K YOU at the drive-thru! They know you're gonna be miles away before you find out you got f'd! They know you're not gonna turn around and go back, they don't care. So who gets f@#ked? Ol' Leo Getz! Okay, sure! I don't give a f#$k! I'm not eating this tuna, okay?
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?”
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.
No kidding! Sheesh.
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?
LOL that’s “change” for you
Can’t imagine what he does with the complimentary peanuts from the airlines.
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.
Do these idiots bear any responsibility for their own condition?
As to 'my' Burger King, never had a problem. They do, 'Make It My Way'™
"We'll have your nipples our way"
I just think your way off base here. /s
So, I can assume that you are not a lawyer?
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.
“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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.