A fast-food dining experience turned into a legal battle as a Houston resident claims negligence against a popular restaurant chain. Demery Ardell Wilson filed a complaint on April 25, 2025, in the District Court of Harris County, Texas, against Whataburger Restaurants LLC.
The case revolves around an incident that occurred on July 24, 2024, when Wilson visited a Whataburger location and suffered an allergic reaction after consuming a meal that allegedly contained onions despite his request for none. This reaction led to serious personal injuries requiring medical attention. Wilson accuses Whataburger of negligence and strict liability for manufacturing and marketing defects. He asserts that the restaurant failed to act with the appropriate standard of care by not ensuring the food was free from allergens as requested. The complaint states, "Defendant knew or reasonably should have known of the danger of their actions and breached their duty to Plaintiff by failing to act in a reasonably prudent manner."
Wilson's lawsuit highlights several legal claims against Whataburger, including negligence in food preparation and failure to warn about potential allergens. Additionally, he argues that there was a manufacturing defect in the food, rendering it unreasonably dangerous due to its unsafe condition. The plaintiff also accuses Whataburger of violating the Texas Deceptive Trade Practices Act (DTPA) by breaching implied warranties of merchantability and fitness for a particular purpose.
The plaintiff seeks monetary relief ranging from $250,000 to $1 million for damages such as physical pain, mental anguish, medical expenses, physical impairment, and suffering endured both past and future. Furthermore, Wilson demands pre-judgment interest at the maximum rate allowed by law and post-judgment interest at the legal rate.
Representing Demery Ardell Wilson are attorneys Husein Hadi, Jamil Thomas, Sedrick Stagg, and Seve Thomas from The Hadi Law Firm PLLC based in Houston. The case is presided over by Judge Kerrylone Asberry under Case ID 2025-29107.