A Texas man is turning up the heat—suing Whataburger for $1 million after claiming his no onions request was ignored, sending him straight to the ER. Demery Ardell Wilson filed the lawsuit last month in Texas’ 269th Judicial District Court of Harris County, saying that Whataburger’s failure to follow his order caused him to suffer “personal injuries.” According to WFTV, the incident happened on July 24, 2024, at an undisclosed Whataburger location.
Wilson says he specifically ordered his burger without onions, but when he bit into the sandwich, it was loaded with them. Moments later, he began suffering a severe allergic reaction that required immediate medical attention.
Man Claims Whataburger Ignored Allergy Warning, Causing Medical Emergency
In the court filing, Wilson accuses Whataburger of “failing to act in accordance with the appropriate standard of care.” His argument? That Whataburger had a legal and ethical duty to ensure his food was safe—especially after he made a specific allergen-related request.
The exact type of burger he ordered has not been revealed, but the signature Whataburger typically comes with mustard, pickles, lettuce, tomato, and diced onions. According to Whataburger’s official allergen guide, the listed allergens include wheat, soy, and gluten, but not onions.
Whataburger responded by requesting evidence of Wilson’s allergy and reiterated that they had no knowledge the product was in a “defective or unreasonably dangerous condition” at the time of sale.
Not His First Time: Wilson Previously Sued Sonic Over Onions Too
This isn’t Wilson’s first rodeo when it comes to onions and lawsuits. In April 2023, he reportedly filed a similar lawsuit against Sonic Drive-In after another onion-related food mishap. In that case, Sonic denied the allegations and requested proof of both the incident and his alleged allergy.
That case gained limited traction, but it now provides context as Wilson goes up against another fast-food giant with a seven-figure claim.
