Hold The Pickles, Hold The Negligence

Irksome, Law, WTF?

Health tip:  For those who suffer severe allergies to onions, pickles, and tomatoes, it might be a bad idea to take fast food restaurants (even those that suggest, “Have it your way”) at their word that offending vegetables will not be served on hamburgers.  Better practice would be to open the burger, before biting into it, to determine its safety.

It’s probably better still to inform the staff, “I have a horrible allergy to onions, pickles, and tomatoes.  I may die if I consume them.  I will sue you for $100,000 if you serve them to me.That will get their attention.

Or maybe one just shouldn’t go to Burger King at all.  Darius Dugger of Portsmouth, Virginia claims he learned that the hard way.

In a suit filed in the Circuit Court of Virginia Beach, Virginia, Dugger claims that on April 10, 2007, employees of N & R Dining, Inc., a franchisee of Burger King, disregarded his request to hold the onions, pickles, and tomatoes.  Dugger, evidently a trusting soul who believed that he could “have it his way,” grew violently ill when he bit into his hamburger, incurring medical bills, lost wages, pain and suffering.  Dugger, through his attorney Constantine A. Spanoulis of Virginia Beach, claims that the failure to remove all onions, pickles, and tomatoes from the sandwich was “tantamount to negligence.”

Unfortunately the Virginia Beach Circuit Court’s online records do not make copies of complaints available for public viewing.  Still, one assumes Mr. Spanoulis has also claimed breach of contract, and violation of the implied warranty that special orders don’t upset us.  He seeks damages in excess of $100,000 on behalf of Mr. Dugger, as well as such other relief as the court may deem proper, including, if possible, extra ketchup and a golden paper crown.

Source:  The Virginian-Pilot.

Last 5 posts by Patrick

4 Comments

3 Comments

  1. Eddie Van Helsing  •  May 7, 2009 @8:28 am

    I’ve always ordered my burgers “plain”, and made sure to inspect them after receiving my order. People working in fast food for shit wages have no real incentive to give a shit when somebody places a custom order, so you can’t trust ‘em to get it right.

  2. Ken  •  May 7, 2009 @10:04 am

    That’s like going to the circus when you have a violent peanut allergy.

  3. brady  •  May 8, 2009 @4:06 am

    Before this law suit happened, a popular dj in the area doug lives in called burger king pretending he was dieing from an allergic reaction because they screwed up and gave him pickles on his burger. Ironic that the prank call was made a year before this guy sued burger king. I wonder if he listened to that dj….hmmmmmmm?

1 Trackback

Leave a Reply

Allowed tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>