Mistakes happen, especially in busy fast food kitchens. But one man in Houston, Texas, says a recent mix-up at a Whataburger location could have cost him his health—and now he’s suing the popular chain for it.
This lawsuit, filed in April 2025, has caught attention not only because of the large amount of money being asked for, but also because the man behind it has reportedly filed a similar case in the past.
Here’s what we know so far.
What Went Wrong With the Whataburger Order?
According to reports, Demery Ardell Wilson ordered food from a Whataburger in his area and specifically asked for no onions. Many of Whataburger’s menu items come with onions by default, but Wilson claims he clearly informed staff of his onion allergy when placing the order.
However, it appears that the onions were not removed from his burger as requested. Believing his food was safe, Wilson ate the meal and allegedly suffered an allergic reaction. He later sought medical attention, and now he is demanding compensation for his suffering.
Legal Action Against Whataburger
Wilson filed a petition in Harris County’s 269th Judicial District Court on April 25, 2025. The lawsuit claims that Whataburger “failed to act in accordance with the appropriate standard of care” when handling his order. Because of this, Wilson says he suffered personal injuries and is now seeking damages between $250,000 and $1 million.
The court will now decide whether Whataburger was negligent or if it was a genuine mistake without legal responsibility.
Not Wilson’s First Food Allergy Lawsuit
Interestingly, this isn’t the first time Wilson has filed such a claim. Back in 2023, he reportedly filed a similar lawsuit against Sonic Drive-In. In that case, Sonic denied the allegations and demanded Wilson provide proof to support his claims.
It is not yet known how that case was resolved, but it shows a pattern of legal action taken by Wilson in response to alleged allergy-related mistakes at fast food chains.