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dmbfan
Joined: 09 Mar 2006
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 Posted: Sat Aug 11, 2007 9:23 am Post subject: Oh dear...... |
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Friday August 10, 2007
Man says hold the cheese, claims McDonald's didn't, sues for $10 million
by Justin D. Anderson
Daily Mail Staff
Print Story
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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 [email protected] or 348-4843.
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On the other hand
Joined: 19 Apr 2003
Location: I walk along the avenue
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| Posted: Sat Aug 11, 2007 9:34 am Post subject: |
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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.
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The guy explicitly told them not to put cheese in, and why. They did anyway, thus triggering a near-fatal reaction. I'd say he has a case.
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Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.
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Let's say McDonalds put something that is generally classified as a poison in the burger, like cyanide for example. That would likely be an open-and-shut lawsuit. In this case, if they knew that he had the allergies, it's pretty much the same thing as putting a known poison into the food.
All this assumes, of course, that the guy and his family are telling the truth. |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Sat Aug 11, 2007 10:15 am Post subject: |
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| All this assumes, of course, that the guy and his family are telling the truth. |
Exactly. |
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Tjames426
Joined: 06 Aug 2006
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| Posted: Sat Aug 11, 2007 5:02 pm Post subject: |
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Sorta like:
Hey Darling. I am allergic to Kimchi.
Lets go out and eat Korean food.
_____
Why eat someplace where you might have a risK?? Be responsible for your own life. |
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Gopher
Joined: 04 Jun 2005
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| Posted: Sat Aug 11, 2007 5:09 pm Post subject: |
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| On the other hand wrote: |
| I'd say he has a case. |
What about his claim that it will cost $10 million to make him whole again?
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| Jeromy's medical bills...totaled about $700. |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sat Aug 11, 2007 5:17 pm Post subject: Re: Oh dear...... |
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| dmbfan wrote: |
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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.
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This is where he loses the case. How and why do they determine whose food is whose, in the dark? Especially if one of them is deathly allergic to cheese?
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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. |
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And this is where McDonalds loses the sympathy vote. |
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wannago
Joined: 16 Apr 2004
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| Posted: Sat Aug 11, 2007 5:17 pm Post subject: |
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| On the other hand wrote: |
| Quote: |
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.
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The guy explicitly told them not to put cheese in, and why. They did anyway, thus triggering a near-fatal reaction. I'd say he has a case.
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Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.
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Let's say McDonalds put something that is generally classified as a poison in the burger, like cyanide for example. That would likely be an open-and-shut lawsuit. In this case, if they knew that he had the allergies, it's pretty much the same thing as putting a known poison into the food.
All this assumes, of course, that the guy and his family are telling the truth. |
That's true. Also, the guy didn't do what any prudent person who has "life-threatening" allergies would do: CHECK THE BURGER FOR CHEESE BEFORE PUTTING IT IN HIS MOUTH.
I smell a rat here...a rat with cheese. |
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Gopher
Joined: 04 Jun 2005
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| Posted: Sat Aug 11, 2007 5:32 pm Post subject: |
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| huffdaddy wrote: |
| And this is where McDonalds loses the sympathy vote. |
Why should McDonald's pay more than his medical costs? How much should McDonald's pay him and how did you arrive at whatever figure this might be? |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sat Aug 11, 2007 6:18 pm Post subject: |
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| Gopher wrote: |
| huffdaddy wrote: |
| And this is where McDonalds loses the sympathy vote. |
Why should McDonald's pay more than his medical costs? |
Punitive damages.
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| How much should McDonald's pay him and how did you arrive at whatever figure this might be? |
By jury. Or whatever McDs can settle out-of-court for. |
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Gopher
Joined: 04 Jun 2005
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| Posted: Sat Aug 11, 2007 6:24 pm Post subject: |
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| huffdaddy wrote: |
| Punitive damages. |
For putting chesse on a Quarter-Pounder? Was McDonald's knowingly dumping toxic chemicals in a river that served people's drinking needs and then covered up all evidence to this effect? Because that is the kind of willful, egregious case that punitive damages were meant to deal with.
Give me a break. |
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dogshed
Joined: 28 Apr 2006
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| Posted: Sat Aug 11, 2007 6:43 pm Post subject: |
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| If he's that allergic to cheese wouldn't he have a reaction from just being in a McDonalds? |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sat Aug 11, 2007 6:43 pm Post subject: |
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| Gopher wrote: |
| huffdaddy wrote: |
| Punitive damages. |
For putting chesse on a Quarter-Pounder? Was McDonald's knowingly dumping toxic chemicals in a river that served people's drinking needs and then covered up all evidence to this effect? Because that is the kind of willful, egregious case that punitive damages were meant to deal with.
Give me a break. |
And you know for certain that McDonald's conduct wasn't malicious or wanton?
Please review the infamous McDonald's coffee case, and why punitive damages were awarded there. |
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Gopher
Joined: 04 Jun 2005
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| Posted: Sat Aug 11, 2007 7:14 pm Post subject: |
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| huffdaddy wrote: |
| ...Please review the infamous McDonald's coffee case, and why punitive damages were awarded there. |
"Malicious and wanton?"
At best, an order-taker was negligent in failing to listen to a customer's order. Unless you want to come out and allege what I think you are implying: that this crew understood this man was allergic to cheese and wanted to harm him and then took definite steps to indeed harm him.
In any case, you seem to have the facts of "the infamous coffee case" at hand. You just introduced it in the discussion and cited it to support your position. Why not you tell us about it? Also, was there an appeal? If so, how did the appeal go?
A McDonald's cook put cheese on a customer's Quarter-Pounder after, he alleges, he asked the order-taker to leave it off when he placed his order through a drive-in speaker. He apparently failed to check his order at the window before or when he paid. He apparently failed to verify that it had no cheese before sitting down to eat it. And claims he sustained $700 in medical expenses. Now he wants $10 million in punitive damages. Nothing disproportionate about that demand. No comparative negligence here, either...right?
Last edited by Gopher on Sat Aug 11, 2007 7:30 pm; edited 1 time in total |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sat Aug 11, 2007 7:29 pm Post subject: |
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| Gopher wrote: |
In any case, you seem to have the facts of "the infamous coffee case" at hand. You just introduced it in the discussion and cited it to support your position. Why not you tell us about it? Also, was there an appeal? If so, how did the appeal go? |
Google it. You always love referring people to books that are unobtainable in Korea.
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| At the end of the day, I think you are just another knee-jerk anti-business poster and are craftily seizing an absurd pretext to get a big, bad corporation and make them pay... |
And at the end of the day, you're just another knee-jerk anti-poster poster. Read my original response. Nickel and diming the plaintiff is what cost McDonald's the coffee case. They could have settled that one for $800. |
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Gopher
Joined: 04 Jun 2005
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| Posted: Sat Aug 11, 2007 7:32 pm Post subject: |
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| huffdaddy wrote: |
| Google it. You always love referring people to books that are unobtainable in Korea... |
No.
Because I doubt that you truly know anything about the details of this case. I think you read a blurb about it in the OP, above. And now you are playing games.
Either you know what you are talking about or you do not. Given you unwillingness and/or inability to elaborate, I am going to have to go with the latter.
And, by the way, I lived in South Korea. I never had any problem getting books. Try Amazon.com. Try the local guy at WhattheBook. Do not be so lazy.
| huffdaddy wrote: |
| They could have settled that one for $800. |
Wrong. Their refusal to succumb to plaintiff's more-or-less blackmail from the beginning caused you to lose all sympathy for their position -- assuming they ever enjoyed any of your sympathy in the first place? I doubt it.
I think it more likely that plaintiff -- and his mother and friend -- were already dreaming about their millions as they decided they would take a trip to a hospital and see what they might make of this opportunity.
Last edited by Gopher on Sat Aug 11, 2007 10:34 pm; edited 2 times in total |
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