I'm not sure who to side with here. The guy did tell several employees about his food allergy. They probably just wiped off the cheese rather than make him a fresh burger. Some people still don't take food allergies very seriously. It could be negligence on the employee's part. However, the guy should have taken a little responsibility to make sure there wasn't any cheese on his burger before he ate it. Even some of the kids I know with food allerigies know enough to make sure something is safe before they eat it.

Man says hold the cheese, claims McDonald's didn't, sues for $10 million
by Justin D. Anderson
Daily Mail Staff
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.

My personal feeling is that paying all the medical costs is fair, but, somehow, I dont think it will be enough to satisfy these people.

On a personal note, I am allergic to eggs, thus, I always make sure that i say "Sausage McMuffin NOOO egg" making sure the NO is louder and well accented.......well, so far ive had SMcMs with the egg THREE times over the years...they just dont pay attention, apparently. :mad:

I think paying the man's medical expenses and disciplining the employee who made the mistake sounds fair enough. McDonald's and other restaurants need to make sure their businesses are safe for everyone to eat at. A food allergy shouldn't have to mean not enjoying a trip to the local fast food joint or night out with friends.

I have also ordered something in a restaurant and received the wrong thing. Either the employee isn't paying attentionm to what they're doing or is just plain stupid.

I think Mcdonald's is at fault, and he should get his medical bills paid but 10 million dollars is ridiculous.

A fair judgment, to me, IMO, would be medical costs + money lost by missing work + termination of the employee(s) at fault. If you want to be super-generous, multiply by a low multiple...3x maybe. These multi-million dollar judgments are getting out of hand.

I wouldnt chose to eat at mcdonalds if i had allegies, although people have rights to eat where they want and he did state that to them so i say fair dos to him but asking for that much is just silly i dont think youd get that even if you died?

A fair judgment, to me, IMO, would be medical costs + money lost by missing work + termination of the employee(s) at fault. If you want to be super-generous, multiply by a low multiple...3x maybe. These multi-million dollar judgments are getting out of hand.
ok...i could see that, after all, there is some "pain and suffering" here

I will be interested to hear what our resident law expert Irene has to say about it

:eek: Wow...

If what they're saying is true, the guy almost died, due McDonald's neglect. I don't want him to get a zillion bucks, but he deserves a good size settlement, in my opinion.

The more I think about it - the man *did* almost die. If "hot coffee" woman got $3 mil for THAT, this guy's probably entitled to more than that, at least. This might not be the case to grandstand against huge judgements for.

The more I think about it - the man *did* almost die. If "hot coffee" woman got $3 mil for THAT, this guy's probably entitled to more than that, at least. This might not be the case to grandstand against huge judgements for.
Very true....It's not nearly as stupid as some of the lawsuits we've seen over the years!

I just took my mother in law to a Mcdonalds this morning. she drank one-third or her large iced tea. When she took the lid off there was a dead fly floating in there. :eek2: We went through the drive through so she didn't take it back. She just poured it out.

Wow, that is one severe allergy if one bite of cheese nearly kills you.

Looks like this guy has got a case though.

ok...i could see that, after all, there is some "pain and suffering" here

I will be interested to hear what our resident law expert Irene has to say about it
Glad you asked. First of all, I too hate outrageous lawsuits that demand zillions of dollars, however, let me first explain that when you file a lawsuit, you are always going to put a figure down on paper that is the MAXIMUM you can ask for and MAYBE receive. Lets say the man had put on paper a figure of $1 million dollars. He can't go back later and say, well I now know that my medical bills are going to be almost $500,000 and my pain and suffering will only be $500,000 because I can't ask for more. That is why a LARGE SUM is put on the legal filings so that in the event more expenses come up and other factors come into play, you are covering your butt. That doesn't mean this man will get $10 million mind you, it only means that is the most he can get if a jury awards him a figure.

I think the fact that he almost died and that it was clearly the fault of at least two employees, the one who failed to make the hamburger and the one who should have stood right there to make sure it was made properly, he is entitled to medical bills, pain and suffering and punitive damages. Punitive damages are a form of punishment ($$$$$) to make sure the person or entity doesn't allow this to occur again.

That makes a lot of sense...Although, thinking about the best know of this kind of lawsuit, I still think a woman stupid enough to put a hot coffee in her lap while driving her car in a miniskirt shouldnt have gotten $3million......it was 90% her own fault, whether the coffee WAS too hot, or not!
However, in this case, McDs was 100% at fault!

That makes a lot of sense...Although, thinking about the best know of this kind of lawsuit, I still think a woman stupid enough to put a hot coffee in her lap while driving her car in a miniskirt shouldnt have gotten $3million......it was 90% her own fault, whether the coffee WAS too hot, or not!
However, in this case, McDs was 100% at fault!
If you're referring to the case I think you are, your facts are off. She was 79, wearing sweatpants, not driving, and the jury found her 20% at fault, and McDonalds 80% at fault.

http://www.atla.org/pressroom/FACTS/frivolous/McdonaldsCoffeecase.aspx

Glad you asked. First of all, I too hate outrageous lawsuits that demand zillions of dollars, however, let me first explain that when you file a lawsuit, you are always going to put a figure down on paper that is the MAXIMUM you can ask for and MAYBE receive. Lets say the man had put on paper a figure of $1 million dollars. He can't go back later and say, well I now know that my medical bills are going to be almost $500,000 and my pain and suffering will only be $500,000 because I can't ask for more. That is why a LARGE SUM is put on the legal filings so that in the event more expenses come up and other factors come into play, you are covering your butt. That doesn't mean this man will get $10 million mind you, it only means that is the most he can get if a jury awards him a figure.

I think the fact that he almost died and that it was clearly the fault of at least two employees, the one who failed to make the hamburger and the one who should have stood right there to make sure it was made properly, he is entitled to medical bills, pain and suffering and punitive damages. Punitive damages are a form of punishment ($$$$$) to make sure the person or entity doesn't allow this to occur again.

Let me add to the above what McDonalds needs to do in this matter and other restaurants need to take notice is that when someone specifically asks for something to be made a certain way (without cheese, nuts, etc.) THAT REQUEST MUST BE ADHERED TO. McDonald's and other food establishments need to train and educate their employees abt food allergies and that they can't simply scrape off something or remove something off a food item once it has been touched by that food item. They must remake a fresh food order. If I were the one in charge of McDonald's I would be making a memo real quick and making sure that each establishment trains/educates their employees that they are dealing with people's lives some of the time and I would also show them a copy of the legal documents that shows what can happen when the employees, managers, etc. don't adhere to customers requests.

If you're referring to the case I think you are, your facts are off. She was 79, wearing sweatpants, not driving, and the jury found her 20% at fault, and McDonalds 80% at fault.

http://www.atla.org/pressroom/FACTS/frivolous/McdonaldsCoffeecase.aspx
Well, perhaps i got the "Urban Legend" version, cause, that's the way *I* heard it ...hmmm

Let me add to the above what McDonalds needs to do in this matter and other restaurants need to take notice is that when someone specifically asks for something to be made a certain way (without cheese, nuts, etc.) THAT REQUEST MUST BE ADHERED TO. McDonald's and other food establishments need to train and educate their employees abt food allergies and that they can't simply scrape off something or remove something off a food item once it has been touched by that food item. They must remake a fresh food order. If I were the one in charge of McDonald's I would be making a memo real quick and making sure that each establishment trains/educates their employees that they are dealing with people's lives some of the time and I would also show them a copy of the legal documents that shows what can happen when the employees, managers, etc. don't adhere to customers requests.
Youd think theyd have done that years ago, wouldnt you?

Youd think theyd have done that years ago, wouldnt you?
I guess they forget as time goes by. :rolleyes:

I guess they forget as time goes by. :rolleyes:
i have a feeling they wont THIS time.........I hope

i have a feeling they wont THIS time.........I hope
That would be nice. Let's hope.

Well, perhaps i got the "Urban Legend" version, cause, that's the way *I* heard it ...hmmm
It could be that. The case was misrepresented for years in the media. I believed the hype myself, until I saw the Dateline piece on it, and it completely changed my opinion. Originally, all the poor woman wanted was for McDonalds to pay her medical bills, and they refused.

It could be that. The case was misrepresented for years in the media. I believed the hype myself, until I saw the Dateline piece on it, and it completely changed my opinion. Originally, all the poor woman wanted was for McDonalds to pay her medical bills, and they refused.
It wouldnt surprise me at all if the version I always heard came out of McDs legal dept ...not "officially", of course (If you know what I mean) :rolleyes:

Anyway, thx for the "heads up" on the REAL story, Janice....makes the $3mill seem a little less frivolous now.

It wouldnt surprise me at all if the version I always heard came out of McDs legal dept ...not "officially", of course (If you know what I mean) :rolleyes:

Anyway, thx for the "heads up" on the REAL story, Janice....makes the $3mill seem a little less frivolous now.
I wouldn't put anything past big corporations. Her settlement was reduced to about half a million, which seems reasonable. I will say, she had some of the nastiest burns you could imagine. Not sure if you saw this posted, but it's a handy fact sheet.

http://www.sitcomsonline.com/boards/showthread.php?t=207059

yeah, I read it a little while ago, part of the reason I said "Thx for the heads up"...cause until then, I had no reason to doubt the "facts" ( Now obviously proven wrong) that id heard , previously on the subject. so once again, THX ^_^

If he knew that he was allergic to Cheese, why didn't he turn on the light in the car to make sure he had the right burger and to make sure that they had his order right??? If I go to a fast food place, I always check my order before I leave just in case they gave me the wrong or of to make sure they got my order right before I got all the way home.

Probably will now

It could be that. The case was misrepresented for years in the media. I believed the hype myself, until I saw the Dateline piece on it, and it completely changed my opinion. Originally, all the poor woman wanted was for McDonalds to pay her medical bills, and they refused.

It wouldn't surprise me if McDonalds was the one who came up with that urban legend to cover up their asses and make that poor woman look bad.

Yup, just as I was saying....but, they couldnt do it "officially", you know? ;)