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Portsmouth man sues Burger King for not holding the extras

Posted to: News Williamsburg - James City


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

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

Yes Pickles, and tomatoes

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

I am very suspicious

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?

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?

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 ?

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.

is this fair? take this poll

(linkback) Fair or Foul? VA man sues BK for screwing up his order, causing severe reaction [VOTE] - http://www.pikk.com/5c66d

Funny System

What a joke the legal system has become. Articles like this not only make me mad, they upset me so I can't sleep. Hey, maybe I need to sue this guy for how his lawsuit has affected my life.

Following suit

Just think, the money grubbers are following suit from the dumb a$$ woman that placed a HOT cup of coffee between her legs when leaving McD's and had it spill all over her. Nothing better than being rewarded for YOUR own stupidity.

Can I suit...

my wife for putting extra mayo, on my sandwich. When I told her not to????

Virginia Is A "Contributory" State

That means we are burdened as willful users or consumers to inspect our foods and beverages for ANYTHING out of the ordinary visually and olfactory. Beyond that, stopping the front of a vehicle behind the white-stripe at intersections, not diving across solid white lines at onramps, offramps, and merging lanes. Making sure those "oil change joints" put on a new oil filter rather than wiping the old one clean. Knowing the condition of your vehicle beforehand so as not to get robbed at inspection time. Pulling the sheets back, inspecting under the mattress at any hotel for bedbugs etc. If a "victim" can be found even 1% negligent, they have contributed. Burger King didn't stick the sandwich in his mouth now did they? Tobacco and sunshine don't cause cancer...

This Is So Funny!

I cannot stop laughing! There are so many restaurants in Portsmouth that I have been to this year that messed up my order. I never put cheese, onions, tomatoes, or mayonaise on my sandwich. Maybe I'll sue the Rally's restaurant across the street for putting all of that on my burger after I told them not to. In fact, let me sue every restaurant that messed up my order and made me sick from eating a messed up burger.

Take responsibility for your own actions

Another case of someone wanting to get something to compensate for their own lack of responsiblity for themselves. It is about time that the court system opens their eyes to what these cases are about, and then they should fine the lawyers who take this kinds of cases, and make it a healthy fine, so that these frivilous law suits will go away.

He should take some personal responsibility

My wife always has her burger made special at McDonalds or Wendys. She usually doesn't want the pickle either. However, she takes the time to open up the sandwich and check to see what is on it before biting into it. I have not seen a time yet when it wasn't the way she wanted it that they didn't take back the burger and do it right or give us our money back. I know that if I had an allergy that I would make a point of checking my food. Personnally, I think that the individual is responsible for what they put in their mouth. If you're not sure don't eat it or don't patronize the establishment. I am sorry about the guy's medical bills and lost time at work, but he has to take responsibility for that. You have to remember that the people working at the fast food restaurants are normally working at or just a little over minimum wage.

Has history taught us anything?

It was nice to see that the WV case was taken for what it was, garbage. I only wish that could have been the case the many years ago when the woman sued MacDonalds for her coffee being hot when it spilled et cetera. I do not hold a food allergy, but if I did, you better believe I would check EVERYTHING in ingest to make sure it wouldn't make me ill or worse. If the judge rules in favor of the Portsmouth man, it should only be for his bills and MAYBE his lawyer fees. The customer is just as responsible as the business in this instance. It really is distressing how Americans cannot accept responsibility for their own mistakes...

forgeting the meat

Speaking of forgetting the meat, once I went to Taco Bell and said I just wanted cheese on my tacos meaning no vegetables or sour cream, well I get home and I have shells and cheese no meat.

Is there anybody else out

Is there anybody else out there that can tell the difference between a burger and a tomatoe by TEXTURE? How about burger and onion? Burger and pickle? If this guy REALLY couldn't tell the difference then maybe he shouldn't be allowed to reproduce. He DEFINATELY shouldn't be rewarded

Check your food!

Wah!

Man is looking for an easy payday.

As someone who is allergic to tomatoes, I can tell you that when you are allergic to something like tomatoes, pickles, or onions, you have no trouble tasting them in your mouth right away and spitting it out. And if he is truly THAT allergic, then why isn't he checking before he eats, or avoiding restaurants like that altogether where something might get on by accident? Just a man trying to take advantage of the court system.

lindam

I know of which you speak. many, not all, who work at fast food places seem to have attitudes. it's either their way or no way and they want to make you 'pay' when you complain. Know what I mean? If I repeatedly visited a place where my order was wrong and had to use my extra time to get it right or if they did something halfa$$ed correcting their error I'd make sure I never did business with them or their chain ever again. I'd complain directly to the manager and then I'd call their home office. You should too.

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