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By Stone Martindale Aug 11, 2007, 18:47 GMT

Cheesy American lawsuit: Man bites cheese, lives to tell


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KeefeAug 11th, 2007 - 19:24:37

> '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.'

He did everything but actually look at the burger himself. Don't tell me he had no way of seeing the cheese if he just opened the wrapper and LOOKED!! He knew of his allergy, yet didn't care to check before risking his life. And now the rest of us have to pay for his stupidity??

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KeefeAug 11th, 2007 - 19:30:11

And I mean he should have looked at the burger before he left the McDonalds, where he could have easily made them correct the mistake. Blaming the 'darkened room' for his carelessness is irresponsible.

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BryanAug 12th, 2007 - 01:11:12

This guy is clearly a moron, and so is his family. I mean, it's a well known fact that McDonald's hire teens still in school, and others of an extremely low skill set. So I would agree that if I were allergic to anything I would most definitely check to see that it's made right before biting into it. Furthermore, this man is really asking for it, again, by eating at an establishment built upon serving the very thing that could be lethal to him; and he and his family are all ('less than intelligent') for going there in the first place. If I were allergic to potatoes or beef, or anything like that, I certainly would not be eating at a burger 'joint' now, would I?

Another stupid person (people), trying to make their living defrauding our justice system with their frivolous lawsuits! Get a job & get a life! If he actually did die, this could *almost* qualify for a Darwin.

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LaurelAug 12th, 2007 - 20:59:41

I think I'll sue McDonald's too. I asked for no ketchup on my cheeseburger and they put ketchup on it. I'm not allergic, but I don't like ketchup, and I suffered severe emotional distress from accidentally eating it. Geez, where will this end?

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John DouglasAug 14th, 2007 - 10:09:55

I didn't know there was 5 steps to to make your order is actually what you ordered. If I'm not mistaken there is only ONE step...ummm look at the dam order YOURself.
How does he know the other people in his 'party' didn't accidentally hand him the 'cheesed' burger.
What happened to his sense of taste? Did he inhale it? I know what cheese tastes like, even in a dark room. 'hmmm this burger tastes differently...oh yea I forgot.....I'm a tard...'
If he has a medical conditon as serious as this (or so he claims)....why is he eating that garbage in the first place. It is 100% NOT healthy for you on any conceivable level.

Me, personally, I'm a PICKY PICKY eater when it comes to tomatoes, what do I do? I check it. Oh and if I didn't, it's MY fault for not checking. I'm sure I can taste it even in a dark room watching a horror flick with the Boogie Man.
Those fast food people serve an insane number of meals a day, a mistake is bound to happen. Most of the employees are high school or post high school kids, not too great of common sense(I know...that's mean...but face it, we all have been there)

This is when I say my usual statement to dumbf***s

'This is one of the reasons why it should be LEGAL for parents to EAT their young.'

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GreenAug 14th, 2007 - 14:14:52

hmmm. while I think there is more to the story, a few points to ponder.

Why order from a drive-thru if you have a potentially fatal allergy of cheese? The squack-boxes at those places are notorious for garbling your messages. That fellows's insisting that he told them 5 times 'no cheese' indicates to me a few things. A) he doesn't think that Mickey D staff are competent, and/or B) he knows that the squack-boxes garble speech, so he is trying to make sure that a clear message goes thru. McD's hires a lot of kids in high school/college. They are young, inexperienced, and likely NOT to make McD's a permanent place of employment.

IF you must order from a fast-food place, go to the counter! A bit more time consuming, but easily safer. Actually best not to get food from a fastfood place altogether.

The guy in the story said he had his bite in the dark. Did he get any burgers for his friends and could he not have accidently bitten of a piece of a regular burger by mistake? I could see him ordering one san-cheese for him, and two regular for his buds, then mixing up the bags at home.

Why was the first place he called after getting a reaction the fastfood joint? Seems to me that calling the ambulance would be a lot higher on most people's minds.

Food allergies can be potentially fatal. I don't deny that. However, a food dislike is often presented as a food allergy. In my case, I don't like raw tomatoes. However, I can pick the red things OUT of my food with no problem, even eat them if I absolutely must, (blech, blech) I have never dared to say I am allergic to tomatoes. Having a REAL allergy to a particular item, I know the difference - an in regards to the other item, I double-check for its presence (and lack thereof) myself! It's MY neck on the line.

I've known folks who have the same dislike of tomatoes and say 'allergic', when all it is in their case is a similar dislike. It is a bad misuse of the terminology. Somebody who knows us both, and our dislike for the things might, in all innocence and ignorance, assume that anothers' allergies are also mere dislikes, and NOT real, life-threatening conditions.

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Sic'emAug 15th, 2007 - 02:57:14

Oddly enough, I had a similar encounter at a local McDonalds, here in NY.

Severly allergic to chocolate ( breathing ceases upon consumption), I ordered a strawberry shake at the 'drive-thru window'.

Living a short distance from McDonalds, I intended to drink the shake at home, but decided to have a small taste while driving. Just as the sip of the shake hit my taste buds,I went into full panic mode. My strawberry shake contained chocolate!! Seconds later I arrived home, as my skin began to break out.
Fortunate not to have ingested the shake, I dumped the shake into the sink and sure enough, I could clearly see the chocolate contained within.

I proceeded to call McDonalds, and spoke with the manager. I explained my allergy and informed her of the consequences I could have suffered. Dismissing my theory of an employee who may have began to make a chocolate shake, then upon learning the order was for strawberry, decided to add the strawberry. She insisted I was incorrect and felt the error was due to the 'wand' of the mixer being the culprit. I suggested that her store review their policy when making shakes adding that may want to either dedicate a specific wand for each flavor shake or clean the wand after each use. My suggestion fell upon deaf ears as the manager continued to say the error was in the wand and I continued to explain the danger food allergies present.

Clearly not the respone one would expect, I called McDonalds Corp. Office. Undaunted, the rep told me she would forward the information to the owner of the McDonalds I visited. I never received so much as a return call from the owners.

McDonalds was sued some years back by a woman that received burns from coffee purchased at McDonalds. What many people are unaware of is that prior to the lawsuit, McDonalds received hundreds of complaints regarding the excessive temperature of their coffee. Knowningly and willing, they disregarded the complaints because the highter the temperature of coffee the better the taste, hence more sales.

I hope this lawsuit goes forward and the plaintiff is rewarded compensation. Clearly McDonalds lacks the care and concern of its customers through out the US!

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JCOct 4th, 2007 - 19:55:34

Let's see he ordered a burger from McDs in Star City then drove about 40 mins to Clarksburg to eat it in the dark.... What's wrong with this. It's not Like there isn't a McDs in Fairmont (half between Satr City and Clarksburg)and I know for fact there isn't a shortage of them in Clarksburg. So why would you want to order food then drive that far just ot eat a cold hamburger and fries in the dark? Then his mom and friend had to rush him to a hosiptal, this after the mom called McD's. There's a thing called 911, they have people who are trained to drive at high speeds and to even administer medical treatment for things like allergies. It's sounds like the guy just wnats money. Why else would you wait two years to sue!

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JamieOct 19th, 2007 - 13:48:56

Wow, can this guy be anymore of an idiot? I think not. If you go to a fast food place and order something, without cheese, u should look first to make sure there is nothing on it, well atleast everyone else is the world knows to do that. Im pretty sure everyone makes mistakes, so of course the people who work there are going to. And seriously 10 million dollars just becuz of an allergic reaction, which he most likely made up half of it anyways. Honestly, some people are so stupid, and make this world way more complicated then it needs to me.

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jimApr 13th, 2008 - 05:03:43

I hope he wins!! I have a hard time getting burgers with out cheese.Thats what happens when you hire HABLO PABLOS who hardley speak ENGLISH!!

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TimApr 13th, 2008 - 05:07:34

I herd if your not hispanic they spit in your food and laugh at you as you leave.

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Ok unitl JimJun 19th, 2008 - 17:37:08

Jim, your a jackass...

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oh and TimJun 19th, 2008 - 17:37:55

you too!

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