Man sues McDonald's because of CHEESE - where is the PERSONAL RESPONSIBILITY of checking his own order?

Question

HE IS IN HIS 20's and if the reaction is SO BAD - HE should check ALL his food. COMMON SENSE
His mother and friend---PLEEEZ---call 911. If you are too dumb to do that...


http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/

A Morgantown man, his mother and his friend are suing McDonald's for $10 million.
The man says he bit into a hamburger and had a severe allergic reaction to the cheese melted on it.

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.

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.

Answer 1

There is no personal responsibility -- that's what we get living in a country where we expect the govt to do everything for us.

If we actually believed in personal responsibility, things would be very different.

But calling 911 is the proper reaction if you are having a medical emergency -- and some people's food allergies are that bad. Which is why he either shouldn't have have been eating at McDeath in the first place, or should have taken the time to check his order.

~~~~~~~
EDIT: I have to agree with OneDayDog (below).

I would consider this a frivolous suit, and impose sanctions -- and then chastise the lawyer who was stupid enough to file it for making the rest of the profession look bad.

Answer 2

I think it is Burger King who says "Have it your way" maybe he should have gone there.

We live in a country that allows anyone to sue if they feel they have been unjustly treated. It has it good and bad to it.
I find this frivolous in the sense if his allergies are so bad -he should use a little common sense when eating out. Especially at a place where mostly kids work. It is called personal responsibility which many feel they shouldn't be accountable for. I feel this lack of personal responsibility is wrong .
It is no joking matter to become seriously ill due to someone else's mistake. I wouldn't want salmonella poisoning from a place that didn't rotate food or follow health instructions .
Again it is his constitutional rights to be able to do this. I won't go against that. But I do feel his personal lack of responsibility played the biggest part of this sad story. If he wins his case I hope he gets no more than to cover his basic expenses caused by this. No more . Lesson learned for both parties would seem just to me. Maybe if we start holding people responsible for some of their own actions more will start using some common sense. Seems many lack it.
Mom and friend should gets nothing--they could have called rescue. And leave the unsafe driving to those who are equipped (car, sirens, medical) to help. Another excuse for lack of personal responsibility in my view--rushing on the streets -good thing an accident didn't occur and another unfortunate incident.

Answer 3

The bigger issue is tort reform. If we have loser pays, then there would be fewer frivolous lawsuits. And more people keeping relatively minor issues out of court, and handling disagreements outside of the courts. Instead of the jumping on the "I'll sue" bandwagon, people will bring the issue to business owners, and give them a opportunity to fix it. For example, if my memory is correct about the dry cleaner, the dry cleaner offered to buy the judge a new suit. And that should satisfactory, but that slimball wanted more. But if he had to pay all the court costs, he wouldn't have sued. So many people who want the courts to take care of disagreements, when a little civility and common sense will take care of it. But the current system gives people a blank check to "make" more than what is just.

Sure McD's screwed up, but is that screw up worth $10mill.

Nope. Cover the hospital visit. Maybe a free meal. But considering the food, that would be more punishment. Yuck.

Answer 4

I don't believe he should get $10 million. No one deserves that much. I can't find the answer to a few questions though. Was this one bite that did this to him or did he eat the entire hamburger? If I was that allergic, I believe I would avoid fast food places, mistakes can be made.

Answer 5

For some I don't think there is a such thing as personal responsibility left in the US. We have become a society that caters to people who do not want to take care of themselves and want to blame everyone for anything. As he is in his 20's I am sure he has come in contact with a lot of food and should have learned to check his food if it was that much of health concern. Okay if it is going to cause diaharra is one thing but if I was so allergic that something could kill me I would be sure to check my food. People make mistakes and there is cross contamination all over in resturants! His mother and friend suing for mental anguish give me break. They should have called an ambulance if getting him to the hospital was that dangerous for them. Would have been safer for him too. They would have required using common sense and that appears to be in short supply here.

If we continue to cater to people like this we will continue to create a society who does not believe in working for what they have or taking care of themselves.

As far as McDonald's taking responsibility for getting the order wrong - generally at any restuarant that entails getting a new meal or getting your meal for free if you bring it to their attention. I have worked in a lot of restuants and had a lot of special orders you can bet that people didn't just take my word for it that the order was correct - they checked it first.

In one of my past lives I was a claims rep and worked with bodily injury claims, Some of them definately had merit but others did not and those generally were the ones who thought they were going to get a big settlement. I always wanted to say - it is sad that you were in an accident (they were generaly minor) but this is an insurance claim you didn't win the lottery.

Sorry if there are any typos my spell check doesn't always work for some reason!!

Answer 6

You have to be kidding me.
What is wrong with people that do this and even more, what is wrong with people that for one minute think that being a house wife isn't a job???!!!??!
I was a manager for the last 27 years of my life, had 125 employees that answered to me and for personal reasons became a stay at home housewife.
I work harder in my fifteen hour days at home than I ever did on the job.
At least my husband appreciates what I do and so does my child, my church, etc.!

Fed up American! Why do you have to throw insults? Just really want to know what is wrong with you? I can recommend someone if you want!
Coragryph: I am impressed, a decent answer. Never thought you and I would agree on something.

Answer 7

I agree 100%. The lawsuit is frivolous.

I have an allergy to onions and, back when I used to eat at McDonalds many years ago, I would ALWAYS check my food before I ate it. The few times they messed it up, they always gave me a coupon for a free Value Meal when I pointed it out to them as well as correcting the problem.

Who says theres no such thing as a free lunch?

Answer 8

So I guess if you own a business you have no responsibility at all? Is that your point? Everyone has heard about the coffee spill law sue and how that was so silly. That is till you hear the facts.

In the Coffee Suite the fact the won the suit was that the McDonald in question had removed the safety temp control in their coffee machine so they could get the temp of the coffee up to 200 degrees. This was done because the construction crowd would get their coffee in then put it in the thermos for use later that day. They would stop at the place that had the hottest coffee so it would keep longer in on the cold days. That is why they won. You must remember that when you hear something and it sounds really stupid, it might be because you do not have all the facts or someone is trying to get you thinking like they want you to think.

Answer 9

I'm all for common sense:

If you have a severe allergy to an item, it becomes your responsibility to ensure that you are not being served the item in question. Always check your order.

If you have a severe allergy to an item, it is your responsibility to carry some medication in the unlikely event that you have a reaction.

My father is diabetic and he makes sure he has the proper medication in the unlikely event he needs it when he is out.

My neighbor was allergic to bee stings and he keeps the medicine he needs in the unlikely event something happens.

Someone is just after a quick buck.

Answer 10

THANKS R.L.P. this is a case of where if it go's to a jury it would be hard to guess of the out come as with a slick talking Lawyer and the ignorant jurors we have these days????
these people don't realize that these awards to these crooks will be paid for by them and all of us, this is one reason all medical has become unobtainable to so many people, Dr,s have been sued so much and have had to pay so much in Mal prat ice insurance it sure adds up and of course there is a lot of greed going on even in the Dr,s offices, hospital's etc,for example I was in the hospital for a scheluded eye operation, I was in the hospital a total of 25 minutes, the bill was $12,000 I will be paying on this bill until I die, as insurance didn't cover this injury,this was only for the hospital ,
so much of this bill will be to pay for their insurance,all because so many jurors are so ignorant they will give millions to some crooked lawyer and the plaintiff gets only about 1/3 of the proceeds,