Cheesy American lawsuit: Man bites cheese, lives to tell

Another cheesy lawsuit has been sprung on McDonalds, this time over a botched hold the cheese order from 2005.

A West Virginia man ate his cheese topped burger in the dark, unaware they had mixed up his order and put cheese on his burger.

Now the cheese allergic man wants $10 million

Not just him, but his mother and his friend too.  Did we mention it all happened back in 2005?

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, West Virginia.

According to the Charleston Daily Mail, “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 lawyers who drafted the lawsuit claimed he “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 to the Charleston Daily Mail, the Morgantown lawyer representing the plaintiffs.

Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald’s for food on the way home to Clarksburg.

Houston claims Jeromy was crystal clear he wanted not cheese atop his burger.

“By my count, he took at least five independent steps to make sure that thing had no cheese on it,” Houston said to the Charleston Daily Mail. “And it did and almost cost him his life.”

The food was taken to Clarksburg where the parties involved ate in a darkened room where they were going to watch a movie, Houston claims.

Jeromy had a bad reaction, accoridng to his lawyer, and was rushed to a hospital.

At least two managers at the McDonald’s called the Jacksons afterward to apologize for what happened, Houston said.

The Charleston Daily Mail reports that “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 Jacksons and Ellifritz filed the lawsuit seeking damages on two counts of negligence, one count of intentional infliction of emotional distress and one count of punitive damages.on July 18 in Monongalia Circuit Court.

Note the date on this article may be incorrect due to importing it from our old system.