Man says hold the cheese, claims McDonald's didn't, sues for $10 million

[SkinsOrlando]

http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/

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.

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.

Ok, if I'm that damn allergic to cheese then I would be checking any food I bought through a drive thru before eating it. Another BS lawsuit, people will sue for anything.

[SUSkinsFan]

I can agree with suing for reimbursement for medical expenses and any lost wages. I also agree that he is entitled to some punitive damages, but 10 million is just too much.

however, since he did suffer because of the mistake, he'll get a very large sum from McDonalds.

[TheDoyler23]

Why didn't he CHECK THE DAMN BURGER?

He told McD's employees that he was allergic, so that absolves him of not being an idiot and taking the most simple and reliable precaution?

[Corcaigh]

If you are that sensitive to a food type that eating it might kill you, I think you have to show some personal responsibility before eating cheap fast food purchased from a drive through. He was negligent in not inspecting the food, making this a frivolous lawsuit which should be dismissed.

[jrockster21]

Hmmm...I thought the most severe allergic reaction you could have to cheese was the trots. :laugh:

And funny how it was such a huge, near fatal reaction, but their first call wasn't to 911, it was to the McDonald's to ***** at them about getting the order wrong. Riiiiiiight.

[isle-hawg]

Another frivilious lawsuit! He should've just checked the burger prior to biting into it, not that hard to do.

[Teller]

Nobody from, nor anything IN Morgantown worth a damn.

[Burgold]

It seems to me, that this suit is at least better than trying to take McDonalds to the "Cleaners" over missing pants.

or suing them for spilt coffee

or making a person fat.

At least there's real negligence here. Negligence mixed in with a bunch of greed, but negligence nontheless.

[Enter Apotheosis]

Y'know... people who are severely allergic to peanuts often can't even eat food made in the same place as a food that contains peanuts. Wouldn't the same apply to him if he was in such peril?

[Corcaigh]

Hmmm...I thought the most severe allergic reaction you could have to cheese was the trots. :laugh:

And funny how it was such a huge, near fatal reaction, but their first call wasn't to 911, it was to the McDonald's to ***** at them about getting the order wrong. Riiiiiiight.

I've never heard of this either. My daughter had severe lactose intolerance for a while after a bad stomach bug but that resulted in stomach pain and certainly wasn't life threatening.

Peanut allergies are a completely different animal. I worked with someone who would was so sensitive to it she could tell if there was a peanut on the other side of the room. If I owned a restaurant I don't think I'd let them (either peanuts or peanut allergy suffers ) in the building.

[The Sisko]

Hopefully this guy gets every penny of that $10 mill. That way maybe the morons at Mickey Ds will stop putting their crappy cheese-like material on every item in my order in spite of the fact that I tell them NO CHEESE/SIN QUESO 3 or 4 times.:cuss:

:rant:

[Heidenreich]

Hopefully this guy gets every penny of that $10 mill. That way maybe the morons at Mickey Ds will stop putting their crappy cheese-like material on every item in my order in spite of the fact that I tell them NO CHEESE/SIN QUESO 3 or 4 times.:cuss:

:rant:

Go inside instead of the drive thru, and look at your burger before you get off the line.

"Do you want it done right or do you want it done fast?" Thats the choice you make when you go to the drive thru

[RedskinzOwnU]

If giving him $10 million is enough to get the idiots at my local mcdonalds to start getting my order right, then I'm all for it. Of course, I realize that will never happen.

[Raub]

See?! Leo Getz was right...."They **** you at the drive-thru!"

[dockeryfan]

Severe "cheese allergy" + not checking your friggin food before you eat it = Darwin at work.

I wish the fool died so I wouldn't have my courts tied up with this nonsense.

10 million. For not checking your own food. At what point do people actually become responsible for their own mistakes. Cripes

[Blondie]

Medical bills..$700.

Lawsuit...$10 Million

Another reason to use the .......Priceless.

[Major Harris]

Hmmm...I thought the most severe allergic reaction you could have to cheese was the trots. :laugh:

And funny how it was such a huge, near fatal reaction, but their first call wasn't to 911, it was to the McDonald's to ***** at them about getting the order wrong. Riiiiiiight.

i know a guy that is deathly allergic to all dairy. his friends would chase him around his apartment with a water gun filled with milk. :laugh:

he used to have the same problem with mcdonalds (which he eats daily). but he never bit into it without checking it first.

one time, i was with him at ruby tuesday. he specifically asked for no cheese. when they brought out a burger with cheese, he sent it back and told them he was very allergic to cheese.

when his well done hamburger came back out 2 minutes later, he became suspicious. upon further review, they had merely scraped the cheese off. i thought he was going to choke somebody.

[Major Harris]

Nobody from, nor anything IN Morgantown worth a damn.

says the guy from hedgesville, that used to live in cumberland, the one town dirtier and uglier than morgantown.

also, is it just me, or is the most unbelievable part of the story the part how the mom and friend are looking for loot for "risking their lives" by rushing dude to the hospital? outlandish.

[TheDoyler23]

he used to have the same problem with mcdonalds (which he eats daily).

:toilet: :laugh:

Anyway, I'm very allergic to seafood. So when I order a vegetable egg roll, I cut it open and check for shrimp... common freaking sense.

[Major Harris]

:toilet: :laugh:

Anyway, I'm very allergic to seafood. So when I order a vegetable egg roll, I cut it open and check for shrimp... common freaking sense.

funny thing about it is, he's the most in-shape guy i know. he's cut up like a boxer. lifts 2 hours a day. runs 3-4 days a week. loves tennis. but his diet consists of hamburgers, hamburgers, tuna, and more beef. just meat and bun.

he was the wrestling coach at our school. he'd eat 5 mcd's hash browns in the morning, 5 hamburgers for lunch, a plain whopper before practice, then cook his own hamburgers for dinner.

he was also allergic to shellfish and nuts. he had to get tested every couple of years, he's finally outgrown all of it 'cept dairy.

[Teller]

says the guy from hedgesville, that used to live in cumberland, the one town dirtier and uglier than morgantown.

*

Oh, it's hideous.

[Major Harris]

*

Oh, it's hideous.

dude, you can take a picture of southwest dc that looks good.

besides, i can one-up that:

[jnhay]

He's probably one of those idiots who goes through the drive thru and says "Yeah, lemme get a quarterpounder with cheese, no cheese...."

[skinsfan51]

If you are that sensitive to a food type that eating it might kill you, I think you have to show some personal responsibility before eating cheap fast food purchased from a drive through. He was negligent in not inspecting the food, making this a frivolous lawsuit which should be dismissed.

You are right, if he went through five steps to make sure no cheese was on the burgers, then he should have taken the fianl sixth step, checking it himself, to make sure a mistake wasn't made. But if McDonald's is at fault they should pay for his medical bills. But 10 millions is a bit much.

[H-O-G]

I myself order Cheese only on the burgers, and always check it at the window....if this guy is allergic to cheese to the point of a slice can nearly kill him then why didn't he take enough responsibility to look at the burger before eating it....