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McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:33:12 PM   
cyberdude611


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Joined: 5/7/2006
Status: offline 		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.

http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:37:48 PM   
Aileen68


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Joined: 8/2/2005
Status: offline 		So he did everything except actually look at his burger.  If I had such a severe allergy I most certainly would check out any piece of fast food that I ordered before I put it into my mouth.

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:40:32 PM   
SusanofO


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Joined: 12/19/2005
Status: offline 		My sister is a lwayer, and IMO, he's not going to get $10 million, unless his lawyer is Superman (or Superwoman).

Hey, I am allergic to English Walnuts, and if I eat them by mistake, I get a rash (and sometimes a fever) that lasts for a couple of hours, max. How much did this guy actually suffer, due to cheese? It was an accident, and Aileen's right - why didn't he check the burger before eating it, if he was so concerned for his own health?

If this guy thinks McDonald's doesn't have pretty good lawyers on staff, he is mistaken. Maybe he'll get some money out of this lawsuit, but I hope he gets none. This is a frivolous lawsuit. McDonald's offerred to pay his medical costs already. Plus, he is still alive.

I realize all of us are biologically different as far as our reactions to allergens, etc. But if he wants the whole $10 million, he is probably going to have to prove that:

1) McDonald's intended to kill him - and -

2) He was actually on the verge of death - due to cheese.

Good luck to this guy. In my opinion, he'll need it.

- Susan  

< Message edited by SusanofO -- 8/11/2007 12:54:14 PM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:50:44 PM   
Alumbrado


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quote:

But if he wants the whole $10 million, he is probably going to have to prove that:

1) McDonald's intended to kill him - and -

2) He was actually on the verge of death - due to cheese.




What she said...  I suspect some very creative lawyering is going on in this case. 

< Message edited by Alumbrado -- 8/11/2007 12:52:15 PM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:51:03 PM   
Lordandmaster


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Status: offline 		He doesn't have to prove that they intended to kill him, and he's entitled to more than half of his medical bills, which is what McDonald's was offering.  Of course, I don't think even his own lawyers believe that he's going to get $10 million.

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:56:29 PM   
cyberdude611


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Status: offline 		But dont you accept some personal responsibility here? I mean if you are that allergic to something, won't you check to be extra careful that it isnt in your burger before eating it instead of relying on teenagers or workers that don't speak english?

I mean does this dude have any brain at all?

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:56:39 PM   
SusanofO


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Status: offline 		Lordandmaster: You're probably right - his lawyers are probably hoping he gets 25% of that, maybe. Maybe he will. But I still think it's a frivolous lawsuit. This guy is just clogging up the court system, and I think if he does get 2 million dollars, or something close to that - that the legal system should fine him for half of it, for taking up their precious time with this kind of BS.

cyberdude: This plaintiff has a brain, he's just using it the wrong way. He's just greedy, IMO.

- Susan

< Message edited by SusanofO -- 8/11/2007 1:02:00 PM >

_____________________________

"Hope is the thing with feathers,
That perches in the soul,
And sings the tune without the words,
And never stops at all". - Emily Dickinson

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:57:04 PM   
luckydog1


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Status: offline 		If he can prove "one count of intentional infliction of emotional distress", I imagine he will get a huge award, but that seems rather unlikley.  Intentionall?  That Mac Donald's deliberatly put cheese on his burger to hurt him?  Come on. 

If it sent him to the hospital I can see some punative damages and perhaps a small award to the driver and passenger, a trip to the emergency room with someone you care about in food shock is unpleasant, and deserves some sort of compensation as well as gas money, and being forced to deal with it instead of thier regular plans, maybe he puyked in the car, ect..

this part is interesting though---
"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."

So he wants to eliminate stoned teenagers and people unable to get better jobs from working at Mac donalds?

(in reply to SusanofO)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 12:58:49 PM   
GhitaAmati


Posts: 3263
Joined: 5/30/2007
Status: offline 		OMG....I am severly allergic to onions....and i couldnt even begin to count the number of times a fast food joint has still handed me a burger with onions on it after ordering "no onions"....you mean I coulda sued and gotten rich? Fuck why am I still living like white trash??????????

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:00:44 PM   
SusanofO


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Status: offline 		luckydog: Good luck to them on proving a "systemic" quality control problem that endangers millions of lives "- or whatever. Hope this dude's lawyers have a research staff with tons of time on their hands.

Are his lawyers staff people going to interview all of the folks who've eaten at every McDonald's world-wide, who have sufferred from allergies? - or just half of them? Hehe.

- Susan 

< Message edited by SusanofO -- 8/11/2007 1:13:07 PM >

_____________________________

"Hope is the thing with feathers,
That perches in the soul,
And sings the tune without the words,
And never stops at all". - Emily Dickinson

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:02:41 PM   
Lordandmaster


Posts: 10943
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Status: offline 		You know, Americans have a way of misusing the term "frivolous lawsuit," and I've noticed that the problem is getting worse.  If he wins his case, then the case wasn't frivolous.  Lobbyists for "tort reform" (read: "lawyers who want to save negligent corporations a ton of money") have used and overused the term "frivolous litigation," and Americans seem to be taking the bait.

quote:

ORIGINAL: SusanofO

Lordandmaster: You're probably right - his lawyers are probably hoping he gets 25% of that, maybe. Maybe he will. But I still think it's a frivolous lawsuit. This guy is just clogging up the court system, and I think if he does get 2 million dollares, or something close to that - thatthe legal system should fine him for half of it, for taking up their precious time with this kind of BS.


< Message edited by Lordandmaster -- 8/11/2007 1:03:05 PM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:03:54 PM   
cyberdude611


Posts: 2596
Joined: 5/7/2006
Status: offline 		When you are dealing with increasing volume, the chance of human error increases significantly.

Even in pharmacy, 2-3% of prescriptions are filled incorrectly despite the numerous checks each RX goes through.

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:06:47 PM   
SusanofO


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Status: offline 		Lordandmaster: I see your point, and I believe the legal system is founded on precedents and all of that - but in this case -it depends on the outcome of his supposed "health issues" due to cheese, doesn't it? I suppose years could go by, and he could drop dead, having had no previous reactions (except for the inital ones that drove him to the hospital) - kind of like a soldier who had been exposed to Agent Orange, or something - but no doubt there will be doctors at any trial willing (and maybe very able) to refute this possibility.

I think it's a frivolous lawsuit - if he hasn't sufferred any major health problems since this happened, and if he has recovered. I see your point, but unless this guy is currently on disability and cannot work, due to this unfortunate cheese episode, I think he's just being greedy. McDonald's already offerred to pay his medical costs, and he refused - most likely because he saw dollar signs if he went to court instead.

- Susan

< Message edited by SusanofO -- 8/11/2007 1:19:37 PM >

_____________________________

"Hope is the thing with feathers,
That perches in the soul,
And sings the tune without the words,
And never stops at all". - Emily Dickinson

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:07:56 PM   
knothere


Posts: 14
Joined: 10/6/2005
Status: offline 		lol, well,I have celiac disease,and I just dont eat out at fast food places. better dining places use whole foods and have better control over ingredients.

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:11:58 PM   
SusanofO


Posts: 5672
Joined: 12/19/2005
Status: offline 		knothere: I understand. I know people who have Celiac's disease - it is much harder to deal with (from what they've said) than a mere allergy to cheese. And the people I've known who have it  have taken full responsibility for what they eat, too.

- Susan

< Message edited by SusanofO -- 8/11/2007 1:15:10 PM >

_____________________________

"Hope is the thing with feathers,
That perches in the soul,
And sings the tune without the words,
And never stops at all". - Emily Dickinson

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:14:45 PM   
GhitaAmati


Posts: 3263
Joined: 5/30/2007
Status: offline 		I think everyone ought to...I mean really...at what point is the rest of the world responbsible for what your allergies might be? 

_____________________________

I said I was a submissive, I never said I was a GOOD submissive.


Sex without love is a meaningless experience, but as far as meaningless experiences go its pretty damn good.
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:18:49 PM   
Lordandmaster


Posts: 10943
Joined: 6/22/2004
Status: offline 		They offered to pay HALF his medical costs.  A pretty pathetic gesture.  They didn't offer to pay his entire medical costs until after he had retained a lawyer.  Of course they knew he wasn't going to agree to that once he had lawyers' fees to take care of.

Oh, and for the people who said he should have looked at his hamburger before eating it: Of course he should have looked at his hamburger before eating it.  But the fact that he didn't look at his hamburger hardly excuses McDonald's for having ignored five requests to keep cheese off his meal because of his allergies.  McDonald's attitude, obviously, is that it's not terribly important to make sure they get the order right; if the order is wrong, OK, it was wrong, would you like another hamburger?  If they're going to serve people with food allergies, that can't be their attitude.

Look, I find myself defending this guy when I don't think HE even believes that he's going to get $10 million out of this.  But that doesn't mean his case is frivolous.

quote:

ORIGINAL: SusanofO

McDonald's already offerred to pay his medical costs, and he refused - most likely because he saw dollar signs if he went to court instead.


< Message edited by Lordandmaster -- 8/11/2007 1:23:48 PM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:21:24 PM   
Lordandmaster


Posts: 10943
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Status: offline 		Darling, let's put it this way.  I'm allergic to scallops.  If I go to a seafood restaurant and tell the waitress five times to make sure that there's no scallops in my seafood pasta (or whatever) because I'm allergic, and they serve me scallops and I end up having to go to the hospital because of it, you can bet your ass I'm suing that restaurant.

quote:

ORIGINAL: GhitaAmati

I think everyone ought to...I mean really...at what point is the rest of the world responbsible for what your allergies might be? 

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:24:07 PM   
SusanofO


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Status: offline 		Lordandmaster: Five requests is a lot of requests, I admit. And in my opinion, McDonald's should have offerred to pay for full medical costs, and apologized all over the place. Maybe that particular McDonald's on that particular shift, at the point in time, on that day - had some quality control problems. But it's not proof, by anyone's stretch of the imagination, that McDonald's has "quality-control problems that are "systemic".

What ever happened to just acting like a grown-up in this world, and realizing that mistakes happen? If this guy was permanently disabled, or something, as a result of having  eaten this cheese, then possibly, I'd feel differently. It seems it was annoying and resulted in inconvenience and (minor) sufferring, and should not have happened. It isn't however - the end of this dude's world (at least there was no information indicating that this is the case)

This article had no information on how much this guy is currently sufferring, or even being inconvenienced, due to what really amounts to a mere unfortunate occurrence.

It's too bad it happened - let's hope and pray he somehow summons up the courage to just move on with his life.

My God, if I tried to sue every business that I thought was incompetent out there, I'd be a billionaire. I am currently fed up with how Cox Cable is treating me, as a customer. I think they are just plain incompetent yahoos. They haven't endangered my life, but have inconvenienced me. Shall I sue them?

- Susan

< Message edited by SusanofO -- 8/11/2007 1:41:48 PM >

_____________________________

"Hope is the thing with feathers,
That perches in the soul,
And sings the tune without the words,
And never stops at all". - Emily Dickinson

(in reply to Lordandmaster)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:31:24 PM   
GhitaAmati


Posts: 3263
Joined: 5/30/2007
Status: offline 		LaM, I have learned over time, that quite often, If I tell a resteraunt NOT to put something in my food because I am allergic....the chances that they will put it in jump up 50% (yes I pulled that statistic out my rear end) but its true. More often than not, if I say, hey Im allergic to onions, please leave them off....Ill get onions. If I just say, no onions please....they give me a burger with no onions. I dont care how many times I have asked them to leave off the onions, Im still gonna lift the bun off the burger to check before shoving the thing in my mouth. I happen to know that lots and lots of products are made with onion powder in them, soups and whatnot....doesnt matter if I say no onion, the cook probablyt doesnt even realize that the canned broth he is using has onion powder in it....its my responsibility to understad that there are gonna be some foods I better not take the risk of eating.

Now, say I ask for something to be made without onions, and the cook decides to be a smart ass and pour onion powder into it and stir it up to hide it, then hell yea Im gonna sue. But I dont care how often I asked not to have onions, I'm still gonna dig though my meal and look for them before I take a bite.

ghita~

_____________________________

I said I was a submissive, I never said I was a GOOD submissive.


Sex without love is a meaningless experience, but as far as meaningless experiences go its pretty damn good.
~Woody Allen

(in reply to SusanofO)
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