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Man says hold the cheese, claims McDonald’s didn’t, sues for $10 million
Posted: 13 August 2007 01:48 PM   [ Ignore ]
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I guess ‘suing Mcdonalds’ stories are common enough now that no-one jumps on them any more. (I’m the first to post about this?)

I’m pretty sure that this guy deliberately went to McDonalds in the hope that they would get the order wrong and he could sue them. Knowing 2 different people that have deadly allergies(one to egg, one to peanuts) I know they ALWAYS check their food. So for this guy to have asked 5 times not to include the cheese, and then not spend the 2 seconds to lift the bun and check, is rediculous. (Hell, you usually dont even have to lift the bun to check, you can see it).

So either way he’s an idiot. Either poisoning himself to get money, or not taking the steps to look after his own health that EVERYONE with an allergy does in their normal everyday lives.


http://www.dailymail.com/story/News/2007081043

Man says hold the cheese, claims McDonald’s didn’t, sues for $10 million
by Justin D. Anderson
Daily Mail Staff
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.

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Posted: 13 August 2007 01:57 PM   [ Ignore ]   [ # 1 ]
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If he had a serious allergy there is some onus on him to check the food if it’s an obvious change. If it was, for instance, nuts in the food, then there’s no way to tell and they’d be liable. Cheese…well I’ve never seen a McD’s burger where you can’t see the cheese. Usually half of it is stuck to the wrapper.

And also…he was “moments from death or serious injury”? Biiiig difference there.

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Posted: 13 August 2007 04:21 PM   [ Ignore ]   [ # 2 ]
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Frankly: If he indeed clearly stated he wanted no cheese because of an allergy (and if he has not taken the wrong burger himself, e.g. if only one of 3 burgers ordered for him and his parents was non-cheese and he took a wrong one), then I feel the claim is warranted (apart from the ridiculous sums involved in US liability claims that is). Providing a customer who specifically ordered to omit an ingredient because of allergy that ingredient anyway, is simply neglectant and dangerous.

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Posted: 13 August 2007 04:51 PM   [ Ignore ]   [ # 3 ]
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Sheesh!

The number of times Fast food companies have got my order wrong
should I be suing each time??

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Posted: 13 August 2007 05:13 PM   [ Ignore ]   [ # 4 ]
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I’d tend to agree on the allergy part. Of course there’s always the chance that he really didn’t say that he was alergic, but just said “no cheese”. Having worked in the restaurant industry, I can also say that many people do not realize it is possible to be deathly alergic to anything other than seafood or peanuts. I suppose those are the main two, but I remember waiters on many occasions saying “oh, he can’t really be alergic to tomato, or cheese, or lettuce (ok, maybe the lettuce one was made up… I don’t know). If they don’t take the allergy seriously, and just ignore him or don’t pay attention, this lawsuit could be the result of regularly being ignored. Hopefully the court system will manage to sort it out, I definitely want to hear more about the specific details of the case though.

Now for the important question.

Do you think I can sue them because they keep forgetting my darned BBQ sauce? I don’t even really like the nuggets without the sauce, and they seem to do it every time I forget to check in the bag at the window (If I check, it magically apears in the bag it would seem). It traumatises me every time and i think I may have suffered permanent emotional scarring downer

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Posted: 13 August 2007 05:24 PM   [ Ignore ]   [ # 5 ]
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If a person is that allergic to a food item, should they even eat at a place that has cheese products right near food that he will consume?  The same person that just put cheese on a sandwich prepare his food also, if they had cheese residue on their gloves that could put some on his sandwich.  I think it is just crazy to order food from fast food places if you are allergic to a product they use.  People need to take responsibility for their allergies and not place their lives in the hands of a teenager, who we all know are reliable and careful to do things properly.

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Posted: 13 August 2007 05:26 PM   [ Ignore ]   [ # 6 ]
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So I can just type anything and it will show up here?

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Posted: 13 August 2007 05:27 PM   [ Ignore ]   [ # 7 ]
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N E O - 13 August 2007 09:24 PM

If a person is that allergic to a food item, should they even eat at a place that has cheese products right near food that he will consume?  The same person that just put cheese on a sandwich prepare his food also, if they had cheese residue on their gloves that could put some on his sandwich.  I think it is just crazy to order food from fast food places if you are allergic to a product they use.  People need to take responsibility for their allergies and not place their lives in the hands of a teenager, who we all know are reliable and careful to do things properly.

Seriously. If you know you are allergic to something and you order that food item (double cheeseburger minus cheese), you would think that you’d, oh, check to see if there is cheese on it before eating it “in a dark room”.

I honestly can only believe that this guy did this intentionally.

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So I can just type anything and it will show up here?

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Posted: 13 August 2007 05:32 PM   [ Ignore ]   [ # 8 ]
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Many years ago I worked at mcdonalds, you have sometimes 10 orders on the screen to fill, it is easy to get mixed up.  You are so used to making a sandwich one certain way that when a special order comes in, just through muscle memory or whatever you make it the normal way, even I the great N E O did it a few times.  AS I said before don’t put your life in the hands of a tired overworked teenager who really doesn’t care.

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Posted: 13 August 2007 06:06 PM   [ Ignore ]   [ # 9 ]
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He won’t win. Hopefully logic and justice will prevail.

Although the American legal system has always left a lot to be desired…

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Posted: 13 August 2007 06:13 PM   [ Ignore ]   [ # 10 ]
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I have always asked for no cheese on my burgers, not because of an allergy but because I just don’t like cheeseburgers, not even a little bit. And yes, they get it wrong fairly often—not all the time, but I’d guess maybe 30 percent of the time. Which is why I always check before I drive away. So if this guy is even close to as allergic to cheese as he says he is, I can’t imagine why he wouldn’t check. This cannot have been the first, second, third or twenty-seventh time that somebody’s messed up his order. As Neo noted, it’s a very, very easy mistake for somebody to make.

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Posted: 13 August 2007 06:21 PM   [ Ignore ]   [ # 11 ]
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Please let there be a judge out there with a little common sense.  Sure make McDonald’s pay his hospital bill and maybe a little for the pain, but 10 million is an obscene and vulgar amount.

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