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

Mar 17, 2006
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#1
http://www.dailymail.com/story/News...e-claims-McDonalds-didnt-sues-for-10-million/

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

Justin D. Anderson
Daily Mail Staff

Friday August 10, 2007
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.

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.

Contact writer Justin D. Anderson at justin@dailymail.com or 348-4843.
Sucks that he ended up in the hospital, but not for nothing, who doesn't check to make sure they got the order right??? If he was that allergic to cheese, why not check it before eating?? Hell - he should have checked it before he left the place!
 

Arc Lite

As big as your Imagination...
Apr 25, 2005
3,218
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SW Missouri
#2
Yes he should have checked first, fucking idiot. A $10 million lawsuit..? Bullshit. This is worthy of a free meal.
 

Philly loser

Wackbag Elder Statesman
Oct 12, 2002
12,249
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Limerick, Pa
#3
Good for him. I don't hit McDonalds a lot, but the savages never get the orders right.
 
Nov 29, 2006
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#5
This dumb fuck entrusted his life to a pimple-faced kid wearing a paper hat. I hope that not only does his ridiculous lawsuit get thrown out of court, but his lawyer fucks him over for legal fees.
 

d0uche_n0zzle

**Negative_Creep**
Sep 15, 2004
46,798
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#6
Always, always check your fucking order when going to McShits and friends.
 

weakside

He was stupid. I was lucky. I will visit him soon.
Dec 9, 2004
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California
#7
He will win (not 10 million though) because of his allergic reaction but he shouldn't. If you are so allergic to a certain food that is so often a main component of what you are about to shove in your fat-ass (educated guess) then you need to check it.
 

FAZ8218

Good eeeeeeeevening.
Wackbag Staff
Feb 10, 2006
11,603
17
443
Oceanside, NY
#8
He will win (not 10 million though) because of his allergic reaction but he shouldn't. If you are so allergic to a certain food that is so often a main component of what you are about to shove in your fat-ass (educated guess) then you need to check it.
Unfortunately logic and intelligence never comes into play in our judicial system. What a stupid country. However if he did get a cheeseburger in a hamburger wrapper, they did fuck up pretty bad.
 

ImAlrightSpider

I paid $2 a month for O&A and I LIKED it!
Feb 20, 2006
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#9
This case sucks. I order burgers with no cheese because I don't LIKE cheese and I check before I bite into it. If he has a potentially lethal allergy, then he should be responsible for checking before he bites his sandwich.
 

jackjack

Registered User
May 12, 2007
4,994
0
0
Daytona Beach
#10
That's almost certainly a setup to collect money. It goes against all common sense that someone would take 'five independent steps' before picking up the order, and not take the most critical one before eating because he as in a darkened room.
Maybe they added the cheese later, maybe they troll for actual mistaken orders.

I don't know how to fake the dying guy in the hospital, maybe use someone who is really allergic and willing to take the chance.
 

pure_waves

© Steven Carr Industries, 2014. Grrrrrrrr
Dec 9, 2004
1,406
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Upper West Side, NY
#11
This dumb fuck entrusted his life to a pimple-faced kid wearing a paper hat. I hope that not only does his ridiculous lawsuit get thrown out of court, but his lawyer fucks him over for legal fees.
x2

i was gonna write this myself. people are fucking asses. if you are deathly allergic to fucking cheese why even order something that has optional cheese? get a fuckin hamburger if you can be killed that easily. what a fucking tool!

and he "eats it in a darkened room"...what is this guy retarded?? he fucking goes out of his way to order no cheese on a thing that sometimes has it, so after getting it, he doesnt check at all before eating it? he can die from cheese! what a moron.

ive eaten my share of burgers and any time you open the wrapper you can always see the cheese hanging off the side. how about checking the fucking thing asscunt. the darkenend room bit means hes an idiot or a liar.

and 10 mil...hes gotta be fucking kidding. this case is gonna be thrown out and i wouldnt be surprised if mcdonalds counter sued for frivolous nature of the lawsuit.

eat another quarter pounder with cheese you cunt!
 

MilitantRabbit

Back...and still sucks...
Nov 11, 2004
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#13
I hope this is a class action, because a few days ago eating at McDonald's, my dad asked for no pickles because he can't eat anything with seeds because he has diverticulitis (as does my aunt, and so will I, probably), and they still put fucking pickles on it. I swear the service at that McDonald's (on Route 10 in East Hanover, NJ) is getting worse. On the upside, they did accidently give me a triple cheeseburger. Gotta love hiring foreigns for menial work.
 

Hudson

Supreme Champion!!!!!
Donator
Jan 14, 2002
32,840
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Land of misfit toys
#15
Wait wait wait...Am I the only one who remembers that you have to pay extra for cheese? and that there are different wrappers for WITH and WITHOUT cheese? And I have not eaten that shit in like 3 years!
 

gleet

What's black and white and red all over?
Jul 24, 2005
22,541
13,853
608
Idaho
#16
Have it your way, at Burger King. Not at McDonalds.
 

sniper

Front, and to the right...
Wackbag Staff
It's My Birthday!
Oct 13, 2004
3,850
0
341
Masshole
#17
Jeromy and Trela Jackson

"Jeromy, hop in da car, baby daddy no pay chiiiiiiil suppot this monf, we gon get us a payday, It gon hurt a bit but you won die or nuffin, momma need a big screen and rent money."

I wonder how many mcdonalds they went to before the scam worked. Freeloading assholes.
 
Feb 20, 2006
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#18
As big a bunch of assholes as the plantiffs are the courts should really start punishing the lawyers that file these lawsuits. Make them pay huge fines if the cases are judged to be frivilous. That's the only way to stop this type of shit. Uneducated savages will always be savages but the lawyers that represent them know better.
 

jackjack

Registered User
May 12, 2007
4,994
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0
Daytona Beach
#19
As big a bunch of assholes as the plantiffs are the courts should really start punishing the lawyers that file these lawsuits. Make them pay huge fines if the cases are judged to be frivilous. That's the only way to stop this type of shit. Uneducated savages will always be savages but the lawyers that represent them know better.
I couldn't agree more. Unfortunately lawmakers are often lawyers, or at least part of that in-crowd and there will never be a big enough group willing to turn on the others that way.
 

bethm1b

person of interest
Dec 1, 2006
2,606
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Just past the line.
#20
the cheese later, maybe they troll for actual mistaken orders.

I don't know how to fake the dying guy in the hospital, maybe use someone who is really allergic and willing to take the chance.


Bingo. This guy never asked for the cheese to be held.
 

jackjack

Registered User
May 12, 2007
4,994
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Daytona Beach
#21
Bingo. This guy never asked for the cheese to be held.
That would be even more blatent than what I was thinking originally..

I figured they'd troll places asking for no cheese, and wait for a mistake.
That way they'd have a no-cheese receipt for the court case.

Actually, all that is too fucking complicated.
Look, if you've got a cheese-allergic buddy willing to take a trip to the ER with legit symptoms, how hard is it to order the right burger, get the correct receipt with the right time stamp on it and just toss it out and eat a cheeseburger.
Save the burger with the bite out of it along with the receipt and see if you collect.

Who knows what happened, I just think it looks suspicious.
 

d0uche_n0zzle

**Negative_Creep**
Sep 15, 2004
46,798
6,920
763
F.U.B.A.R
#22
If you have a "cheese" allergy, you get the shits. Is one case of the shits from McShit's, worth ten million?

I think not.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
42,657
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848
#23
i wish they would have all died from the shits for even eating at mc donalds
 

Fruit Monkey

Don't stare at it eat it! P-1 In trainning
Oct 4, 2004
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Intransit
#25
if u are allergic to something shouldnt you double check it ? does a 1/4 always coem with cheese? i aint had mcds in over a year so i forgot but what ever if a judge lets ths go he is a dick too