
Unreal (emphasis added):
A Morgantown man, his mother and his friend are suing McDonald’s for $10 million.
The man says he bit into a hamburger and had a severe allergic reaction to the cheese melted on it.
Jeromy Jackson, who is in his early 20s, says he clearly ordered two Quarter Pounders without cheese at the McDonald’s restaurant in Star City before heading to Clarksburg.
His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.
The lawsuit alleges Jeromy “was only moments from death” or serious injury by the time he reached the hospital.
“We’re interested in seeing McDonald’s take responsibility and change a systemic quality control problem that endangers the lives of up to 12 million Americans with allergies,” said Timothy Houston, the Morgantown lawyer representing the plaintiffs.
[...]
Jeromy did his part to make it known he didn’t want cheese on the hamburgers because he is allergic, Houston said.
He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn’t eat cheese, Houston said.
“By my count, he took at least five independent steps to make sure that thing had no cheese on it,” Houston said. “And it did and almost cost him his life.”
After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said.
Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald’s to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.
So let me get this straight. “Jeremy” took “at least five independent steps” to ensure the burger had no cheese on it. But what step did he not take?
He didn’t look at the damn hamburger!
When I go through the drive thru at any fast food place, and order a burger or chicken sandwich without something, I always check it before I drive off. If this chap were that concerned about cheese not being on that Quarter Pounder, he’d have looked at the bleeping thing first, especially seeing that he was ‘concerned enough’ to remind McDonald’s “at least five times” that they needed to leave the cheese off.
McD’s even offered to pay for the medical costs. That wasn’t good enough. Here’s what they’re suing for:
The lawsuit seeks damages on two counts of negligence, one count of intentional infliction of emotional distress and one count of punitive damages.
Intentinal inflicition? These people are trying to pull a scam. I hope the judge reads them the riot act.
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I crossed the street before looking and got hit by a car.
I’m going to sue the road manufacturer because I voted 5 times for no road to be put there. I made my vote clear. No road. There shouldn’t be a road there. Period. When I crossed the road there just simply shouldn’t have been cars…..
I think this is a set up. HE didn’t check the sandwich and allegedly immediately went into a darkened room. Once the allergy kicks in, they call McDonalds before they call the hospital. I’m thinking he, his friend, and mommy added the cheese themselves after they left.
I think he’ll win the suit (or McD will settle), but its absolutely wrong. There should be an investigation.
“When I go through the drive thru at any fast food place, and order a burger or chicken sandwich without something, I always check it before I drive off.” I do that at McDonald’s too because I don’t like ketchup. I’m not allergic, just picky. Regarding the lawsuit, McDonald’s has plain hamburgers on the menu. Why didn’t Jeromy just order some of those?
Also, don’t Quarter Pounders typically come without cheese? I know I made the mistake of ordering one without asking for cheese, and sure enough, there was no cheese on it.
I read in another article the hospital bill was $700.
When was the last time anyone you know went to the emergency room “moments from death” and left with a bill that low?
And did the others present their burgers for examination? Maybe one of theirs had no cheese…
Good blog.
This sounds like a completely bogus fraudulent set-up to get the febrile trial lawyers and their airhead followers to march against McDonalds.
Why does John Edwards come to mind every time a complete fraud tries to rip off the public?
My 16 year old is super pciky bout this food, only orders a burger with cheese and ketsup only and even he checks before he eats, what a major scam from this guy, his family and the sleeze bag lawyer they hired.
He sounds like your typical liberal, he has a problem, and it’s everyone else’s responsibility to fix but his.
How I long for the good old days of “Let the buyer beware!” The idea that McDonalds set out with malice to harm this idiot is laughable except that, as mentioned by another comment, they will settle or he will win, and then the effect will be to raise the price of hamburgers.
There are really extremely few products offered for sale today that require the sort of absurd level of consumer protection that we have in place. Admittedly, our consumer protection laws have done a lot of good, but they have made it almost impossible to build and market many products at a reasonable price. There is always some idiot who can misuse a product and then claim that he has been injured and want “compensation.” This leads at the very least to labels stating the requirement that products must be used for their intended purposes only (the hammer is to be used for driving nails and nothing else sort of thing), a label stating the obvious and not really preventing the fool from misusing the product. Our “seller beware” approach to commerce has been a boon to the lawyers who have had a field day with product liability suits, but really no one else has benefited and innovation has suffered significantly because of it.
Anyway, eating in total darkness is not really too smart. I’ll bet he had trouble finding his mouth!