Yet another McDonald's lawsuit...

[Whoozyerdaddy]

http://www.dailymail.com/story...t-sues-for-10-million/

Print StoryEmail StoryA 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.

Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald's on the way home to Clarksburg. Jeromy Jackson was living with his mother at the time.

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.

At least two managers at the McDonald's called the Jacksons afterward to apologize for what happened, Houston said.

McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs.

The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.

The Jacksons and Ellifritz filed the lawsuit on July 18 in Monongalia Circuit Court.

Houston didn't know if McDonald's had yet been served with the complaint.

The lawsuit seeks damages on two counts of negligence, one count of intentional infliction of emotional distress and one count of punitive damages.

The fast-food giant has been sued before.

In one notorious instance in 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, N.M., sued McDonald's after she suffered third-degree burns from spilling a hot cup of coffee in her lap.

A jury later awarded Liebeck $2.9 million.

As someone who has to constantly state and restate "no cheese" on virtually every order I make from any restaurant and fast food place I go... and constantly having to send things back to have them remade without cheese... I can understand the frustration here.

That said... I can't tell you how many times my "no cheese" orders have been messed up and not once have I ever not noticed that they put cheese on.

Plus the whole thing smells like BS.

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.

Ok... which is it? Were they calling McDonalds while he was having the reaction or did the rection start while they were on the phone?

"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.

That made me LOL. Systemic quality control problems... It's a restaurant run by teenagers for crying out loud.

Le sigh...

Curious if anyone knows... I was always under the impression that the 'cheese' McDonalds uses was an oil based as opposed to a milk based product.

I dunno... either way, dude put his life in the hands of minimum wage teenagers. Not a good move.

 

[pyonir]

Um...if you are deathly allergic to something...wouldn't you double check whatever you got visually before just taking a bite?

 

[Pacfanweb]

"By my count, he took at least five independent steps to make sure that thing had no cheese on it,"

Yeah, except for actually looking at the burger before eating it.

Seriously....who just dives into their food first without looking at it? I'm talking fast food here.

I don't like pickles, but a good percentage of the time they put them on burgers anyway. So to avoid a bite of pickles, I always look first, so I can remove them if the employee forgot.

Personal responsibility is getting raped here.

 

[CrackRabbit]

McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs.

The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.

That makes me wish the motherfarker had choked to death on the damn thing.
YOU MOTHERFARKER ARE WHAT IS WRONG WITH THE DAMN LEGAL SYSTEM.

 

[imported_LoKe]

Sounds like a plant to me. What better way to make a concrete case than to make it abundantly clear that there should be no cheese, then put cheese on it yourself. :laugh:

 

[Captante]

I always make a point of pulling my sandwichs out & checking them for cheese while sitting at the drive-through & I'm only mildly lactose-intolerant!

 

[mugs]

"He took at least five independent steps to make sure that thing had no cheese on it" but none of these steps involved looking at the burger he was eating?

 

[Scouzer]

Originally posted by: mugs
"He took at least five independent steps to make sure that thing had no cheese on it" but none of these steps involved looking at the burger he was eating?

my buddies burger didnt have cheese... neither did my other buddies, i checked twice!!! then i thought about it, mine must not have cheese either. so i eated it.

 

[Eeezee]

If you're allergic to cheese, you should check the damn burger to see if there's cheese on it. I don't know anyone that just bites into food without at least seeing it first. You have to try pretty hard to not see a burger when you A) unwrap it and B) bite into it.

Being allergic to cheese and then nearly dying from eating cheese is God's way of telling this person that they're too stupid to live.

 

[Summitdrinker]

man oh man, bring on the cheese I say, I will take his slice, I am sick of having to pay huge amount for micro amount of cheap cheese added to a whooper at burger king

actual I like goat cheese on my burgers the best, maybe i should sue BK for not offering goat cheese burgers

na, I will just go get me a bag of fresh cheese curds from the creamery and not have cheese withdraws

 

[imported_Baloo]

Sound like bull to me. Lactose intolerance is not in anyway potentialy fatal. Yeah, I saw the article said he was allertgic, not lactose intolerant. How much you want to bet it's not an allergy but lactose intolerance?
Who said McD' cheese is oil based? That's just silly. It's the same as kraft singles.

 

[Summitdrinker]

hey, they can make anything from soybeans, even fake steel and concrete

soymilk is for wimps:laugh:

 

[Ronstang]

Originally posted by: pyonir
Um...if you are deathly allergic to something...wouldn't you double check whatever you got visually before just taking a bite?

That was my first thought. Sounds like someone fishing for a lawsuit to me.

 

[minendo]

Originally posted by: Baloo
Sound like bull to me. Lactose intolerance is not in anyway potentialy fatal. Yeah, I saw the article said he was allertgic, not lactose intolerant. How much you want to bet it's not an allergy but lactose intolerance?
Who said McD' cheese is oil based? That's just silly. It's the same as kraft singles.

Seeing as to how milk is one of the big 8 allergens in the food industry, I'd say lactose intolerance is out of the question. Take a look at any product that includes milk as an ingredient and it is specifically labeled as so (from a regulatory standpoint).

 

[Summitdrinker]

na ya na, I want peanuts for a snack

 

[Parasitic]

What in the effing world does this guy do that he thinks he's entitled to 10 million dollars?

 

[shortylickens]

Originally posted by: pyonir
Um...if you are deathly allergic to something...wouldn't you double check whatever you got visually before just taking a bite?

:thumbsup:
The first reply is also the most intelligent.

This thread is well done.

 

[pyonir]

Originally posted by: shortylickens

Originally posted by: pyonir
Um...if you are deathly allergic to something...wouldn't you double check whatever you got visually before just taking a bite?

:thumbsup:
The first reply is also the most intelligent.

This thread is well done.

Especially in threads where I am the first to reply...

HUZZAH.

 

[eLiu]

It's tragic that the other 2 people were there. Otherwise we might be reading a Darwin Award Candidate article too.

What a moron. Who doesn't check food for things they're allergic to?!

 

[TheVrolok]

I can see McD's paying the medical bills - that's more than fair. 10 Million? That's just asinine.

 

[Antisocial Virge]

If he was near deaths door when he got to the hospital I figure his medical bills would be more than $700.

 

[Ackmed]

If I could be killed by cheese, I would check it before I ate it. Money grubbing losers annoy me.

 

[Gillbot]

Originally posted by: pyonir
Um...if you are deathly allergic to something...wouldn't you double check whatever you got visually before just taking a bite?

THat's what I was thinking myself.

 

[Capt Caveman]

Instead of ordering a quarter-pounder and ask that the cheese be removed, why not just ordered a bunch of 99 cent hamburgers instead?

 

[flexy]

Originally posted by: Capt Caveman
Instead of ordering a quarter-pounder and ask that the cheese be removed, why not just ordered a bunch of 99 cent hamburgers instead?

because then he wouldn't be able to sue for $10M ? duh