Houston Man Sues Whataburger After Allergic Reaction Ordeal

We will ride or die for those orange and white stripes in Texas, but one Houston resident has his eyes set on a massive payout from Whataburger.

Houston‑area resident Demery Ardell Wilson says he rolled through one of our hometown burger stops last July, ordered his meal “without onions,” and still wound up chomping into the diced variety.

Court papers filed in Harris County on April 25 claim the mix‑up set off an allergic reaction bad enough to send him for medical care. Now he’s suing Whataburger for somewhere between $250,000 and $1 million.

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A burger order turned dangerous.

Wilson’s beef (pun intended) is that once he told the cashier to exclude the onions, the workers had a duty to keep them off his plate. By slipping them in anyway, he argues, the company was negligent and the burger became “unreasonably dangerous.” That language usually shows up in product‑defect cases, think faulty brakes, not burger toppings, so it’ll be interesting to see how a judge reads it.

Read More: Unspoken Rules of Whataburger Etiquette Every Texan Knows

Whataburger hasn’t said a word publicly, but every Texan knows the classic No. 1 comes dressed with mustard, lettuce, tomato, pickles, and, of course, diced onions. The chain’s online allergen guide lists wheat and soy but skips onions entirely.

Wilson's second time suing a large fast food joint.

This isn't Wilson's first rodeo. Last year, he tried suing Sonic Drive‑In for the same thing; that case was dropped a month later. This time, he’s hoping the courts, or a quiet settlement, will make Whataburger pay up.