Portsmouth man sues Burger King for not holding the extras

Posted to: News Williamsburg - James City
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By Shawn Day
The Virginian-Pilot
© May 7, 2009

VIRGINIA BEACH

Darius Dugger wanted it his way: no tomatoes, no onions, no pickles.

He didn't get it. So he sued.

Dugger is seeking $100,000 in damages, plus legal fees and court costs, after a Burger King franchise allegedly messed up his order, causing him to fall ill.

A lawsuit filed in Virginia Beach Circuit Court claims that on April 10, 2007, Dugger ordered a drink and two sandwiches from the restaurant on Monticello Avenue in James City County. Then the Portsmouth man left the restaurant, joined a group of co-workers for lunch and pulled out his sandwich.

But, the suit says, it wasn't until he'd already taken a bite - and swallowed - that he realized his "specific request for the omission of onions, pickles and tomatoes had not been complied with."

Dugger says he suffered a "severe allergic reaction," racking up medical bills and forcing him to miss work. The suit says Burger King's error was "tantamount to negligence."

Two years ago, Burger King competitor McDonald's was named in a similar lawsuit. A West Virginia man, along with his mother and a friend, sued the chain for $10 million.

The man said he was served a Quarter Pounder with cheese, despite his request for no cheese, and that he suffered a severe allergic reaction after biting into the burger. The case was dismissed in March.

Staff researcher Jakon Hays contributed to this report.

Shawn Day, (757) 222-5131, shawn.day@pilotonline.com

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Lawsuits

Submitted by D Johnson on Wed, 05/13/2009 at 8:50 am.

AYE,AYE,AYE... Stop the world,....I want to get off !!!!

Yes Pickles, and tomatoes

Submitted by MommaLynn on Tue, 05/12/2009 at 2:40 pm.

pablo9
Life Threatening Allergeis can develope to ANY food some are more rare than others but it COULD be possible.

I am very suspicious

Submitted by MommaLynn on Tue, 05/12/2009 at 2:35 pm.

I am both an adult with severe food allergy and a parent of a child with anaphylactic food allergies and I have to say I am very suspicious of this man’s story and motives. Living with food allergies causes one to become very aware of what you eat. You can’t place the responsibility on someone else you can’t trust ANYONE not to make a mistake.

YES they messed up his order but I can't even imagen not checking a food before eating it!

Are You Freakin' Kidding?

Submitted by pablo9 on Mon, 05/11/2009 at 9:03 pm.

Allergic to pickles? onions? tomatoes? in 61 years of traveling all over this planet, I have never heard of those allergies. When I was a kid, a few of the other kids would say they were allergic to broccoli, peas, etc., but they were just trying to get out of eating them. I hope the Burger King lawyers make sure this is legit.

On the other hand, I wish BK would make it mandatory to hire better employees than those sub-morons who can't even give you your custom order like the chain advertises. I mean, HOW HARD CAN IT BE? DUHHHHHHHHHH!!!!
If the fast food chains quit hiring morons, soon they would all starve, and the sub-species would disappear....or end up in jail....

You're kidding? RIght?

Submitted by quarks on Mon, 05/11/2009 at 1:08 pm.

I'm allergic to tomatoes. I always order "no ketchup, no tomatoes" but I always, always, ALWAYS double-check my order to make sure they haven't messed it up. Most times, it's fine, sometimes they get it wrong. When they get it wrong I insist that they either correct it or refund my money.

And I don't buy the "I was in a hurry" argument. When there is the potential of a life-threatening allergic reaction, you TAKE THE TIME TO BE SURE.

Seems simple enough......

Darius Dugger ?

Submitted by BeachBoy on Sat, 05/09/2009 at 10:00 pm.

Is that a real name, anyway?

I defend the right of people to bring lawsuits but the courts should also be able to award damages to the defendant if they judge the suit to be frivolous. Charge a couple of these guys with $50,000 or $100,000 for defaming this corporation's reputation and see if that doesn't slow these idiots down.