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Fleecing the Golden Arches?
Posted by: McQ on Friday, August 10, 2007

You know a lot of people have food allergies. They are a serious and can sometimes be a deadly problem. My daughter-in-law has a very bad allergy to mushrooms. Peanuts is another which can be deadly for some.

Obviously the person with the allergy has to be careful when they order food to ensure the restaurant is aware of the problem and takes the requested steps in preparation when asked to do so to ensure the allergy sufferer is accommodated.

So what's the story in this case?
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.

The man says he bit into a hamburger and had a severe allergic reaction to the cheese melted on it.
He apparently has a cheese allergy. Check. He orders two sandwiches without cheese. Check.

So how'd he still eat one with cheese? I don't think anyone would question how he got one ... they could have screwed up. But how'd he eat one?

More details please:
Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said. [Houston's his lawyer and they're suing Micky D's for 10 million]

He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn't eat cheese, Houston said.

"By my count, he took at least five independent steps to make sure that thing had no cheese on it," Houston said. "And it did and almost cost him his life."
OK, he told them he didn't want cheese. Then he told two more workers "face-to-face" he couldn't eat cheese. In fact, according to his lawyer he took at least 5 'independent steps' to ensure no cheese would be there.

Good. Good. So what happens next?
After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said.
Wait. So he's gone through "5 independent steps" and spoken to 3 different people to ensure that there is no cheese on his quarter pounders right? But he doesn't look at the sandwiches himself to ensure that, in fact, there is no cheese on them after he gets them?

Instead he goes into a darkened room and without checking chomps down on one? Why, after a reported "5 independent steps" and talking to three different people, do I find it hard to swallow (no pun intended) that a guy that paranoid about getting cheese on his sandwich would then eat it without checking?

Something just doesn't seem right. It just sounds, oh, I don't know, cheesy (*cough, cough*).

Maybe it is legit, I don't know. But for some reason it just has that "scam" sort of feel to it to me. Maybe not. But after all that, he doesn't check the damn burger?

Just sayin'.
 
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Looks like someone wanting to make some easy money off a big corporation.
 
Written By: Scott Erb
URL: http://faculty.umf.maine.edu/~erb/blog.htm
This is a shared liability situation. McDonalds is 100% liable for giving a burger with cheese on it, the victim is 100% liable for eating. Medical experts brought in by McDonald’s, and unrefuted by the plaintiff’s lawyers, showed unequivocally that possing a cheeseburger posed zero health risk for the plaintive. The plaintiff’s exert medical witnesses proved unequivocally that eating the cheeseburger posed 100% of the health dangers.

Damages awarded to the plaintive in the amount of - One burger with no cheese... and maybe a smack in the back of the head.




 
Written By: Captin Sarcastic
URL: http://
I’m not even allergic to anything (that I know of), but I hate pretty much any condiment on my burgers and I religiously check every single one before I even drive away. In fact, telling them multiple times means nothing if they don’t understand you the first time, so it’s inevitable that mistakes will be made as anyone who "special" orders their burgers can attest to. So this has got to be a scam, or the guy is incredibly dumb.
 
Written By: metis314
URL: http://
Rachel Lucas has a riotously funny thread on this:
 
Written By: Diffus
URL: http://
URL didn’t take:

http://www.rachellucas.com/2007/08/cheeseburger_roulette_plus_dud.html
 
Written By: Diffus
URL: http://
I vote for ...
the guy is incredibly dumb.
My favorite McD drivethrough experience was when my son wanted a cheeseburger, with just cheese, none of the other stuff.

So we get home, he opens up his cheeseburgers, and finds... buns and cheese... no burger.

My next favorite was ordering at the drivethrough and being asked... "Is that for here or to go?"

I wonder how much I could sue for?


 
Written By: Captin Sarcastic
URL: http://
Not just a smack on the head; pour hot coffee on his groinal area.

I don’t care for tomatoes on my burgers. It is simply less trouble to order a standard burger and remove the offending component than to try to convey over the intercom what my exception is.
 
Written By: triticale
URL: http://triticale.mu.nu
Those on the right tend to oppose, generally, the tort system as it currently exists in the United States. (Until, of course, they become plaintiffs themselves.) Citing silly examples of abuse of the tort system is a time-honored method of expressing said opposition.

What is interesting, however, is the anti-capitalist nature of the opposition. Generally speaking, the tort system operates independently of the government, i.e., in the private marketplace. Private parties sue private parties - and the case may be ultimately decided by a private party, whether it be an arbitrator or a jury. The dispute may take place in a courthouse, but when it comes to the majority of litigation, the state is not imvolved at all.

So what motivates the opposition? It’s patently obivous: it’s a class issue. The tort system provides a means by which those with less can recover - for whatever harm they have suffered - from those with more. And for wingers that’s their chief problem with the tort system; some poor bastard might recover for the harm he has suffered. In McQ’s words, he might end up "fleecing" someone.

Seldom do wingers cite examples of abuse that go the other way: a truly deserving plaintiff who was outgunned and outmonied by the deep pocket he was up against. Betcha it’s been a long time since you saw such a story on this site.

The basic problem for wingers is that they have not yet devised a way to limit the tort system so that those of lesser means cannot recover from those of greater means. They would like to, of course. But the nature of the law underlying the tort system is not amenable to such restrictions, for several reasons.

So instead, wingers are reduced to appealing to emotion, and citing isolated and relatively rare abuses of the tort system as a reason to overhaul it, which, again, is not going to happen.

Hence, McQ’s post.

 
Written By: mkultra
URL: http://
I have no known allergies but also have a 100% policy of checking my burgers to ensure that the order hasn’t been screwed up. This diligence is rewarded in that the order is screwed up about 33% of the time and, consequently, I have managed not to eat mustard, pickles, cheese, and other things that I don’t want.
 
Written By: James Joyner
URL: http://outsidethebeltway.com
Just wondering did either of the other 2 people order a burger with cheese and then when they went in the dark room to dole out the food ,give him the wrong one?
 
Written By: SkyWatch
URL: http://
Half my family has food allergies, including two children who are allergic to dairy products. Getting food for them is an arduous process. Grocery shopping takes 2 or 3 times longer than normal because you have to read every label, even on brands that you’ve already established are milk-free, because companies change their formulations at the drop of a hat. Going out to eat is a nightmare. You have to call ahead to the restaurant or go to their website to see if they even have anything you can eat. And if you’re severely allergic (thank goodness my kids are not), you can’t even eat food that’s been cooked on the same equipment as the food you’re allergic to. You check and double-check everything, because one person’s stupidity or ignorance could cost you your life. One time at a restaurant we ordered a plain grilled chicken breast for our son, and the waiter caught the cook putting bread crumbs on it (which he is allergic to). Thankfully the waiter, who had been informed of the food allergies, was on the ball. It is extremely tiring, and sometimes you just can’t do it anymore, and you trust that people are telling the truth when they say something’s allergen free.

So I find it surprising that someone who is known to be anaphylactic to dairy products would even order a burger (cheese or no) from a place that sells cheeseburgers, because the equipment the burger is cooked with is almost certainly cross-contaminated with cheese. I know that we can’t get away with it; my son will throw up if given a hamburger patty cooked at a fast food joint, because of the cross contamination with cheese.
 
Written By: Wacky Hermit
URL: http://organicbabyfarm.blogspot.com
I’ve noticed that most people who are experienced at ordering from fast-food drive-throughs develop a habit of meticulously checking every item in the order before driving away, particularly their special requests.

Maybe in a perfect world it would be reasonable to expect that harried fast-food workers never make mistakes, but not in our world. It is not reasonable to to demand that the fast-food industry perform at the quality-control level of an anthrax lab upon pain of being sued out of existence.
 
Written By: Aldo
URL: http://
because the equipment the burger is cooked with is almost certainly cross-contaminated with cheese.
Don’t eat much at Fast Food joints do you?

Cheeseburger = pre grilled hamburger patty pulled from steamer drawer and placed on bottom of bun, cold slice of cheese pulled from separate bin and placed on top of patty, placement of condiments on top of cheese, top of bun goes on, wrapped in paper, placed in microwave, Zap, hot cheeseburger placed in pull bin.

I’d say my local McDonald’s gets my order wrong 6 out of 10 times (not joking).

Best story recently was, I placed my order. Total was $4.32. Handed cashier $5 bill. She punches in the $5 and the register says $.68 change. She takes two quarters and one nickle out, looks at the change in her hand, looks at the register, then the cash drawer. Looks at the change in her hand, then the register, then the cash drawer. Looks at the change in her hand, then the register, then the cash drawer.

The cashier next to her says, "What’s the matter can’t you count?" and pulls the rest of the correct change from the drawer for her. Minimum wage here is $7.15 an hour...
 
Written By: Jay Evans
URL: http://
"started to eat the food in a darkened room"

Anyone who puts themselves in a place where they can’t see what they are eating, particularly "fast food", deserves whatever they get. He is lucky he didn’t find something worse.


"reaction to the cheese melted on it."

Melted? Right. I can’t remember ever getting melted cheese at a Micky D’s. They probably know that heat will drive off all the tasty volatile chemicals, leaving only the greasy solvent.
 
Written By: timactual
URL: http://
I’ll chime in to reinforce the error rate on orders. Going to the dollar menu, it is a double cheese burger for a buck and all I want is the onions, so it’s double cheeses, no cheese, just onions, no other condiments. (Bonus: the kids learn a new word.) The error rate after about 15 years at the same McDonalds is still about 20%.

I check each ’burg before leaving, because I just will not eat it if it is wrong. I can only imagine someone who is in dire need of a ’burg to be as ordered not doing the same, especially because his life is at stake.

On a different note, my nephew is mildly allergic to peanuts and has on very many occasions in his life been able to accurately identify foods which even have peanut oil as the last ingredient on the list, instantly upon putting it in his mouth. Even in the worst case of stupidity, I cannot imagine this guy biting into a cheeseburger and not knowing it has cheese on it and spitting it out.

He’s lucky I am not on the jury.
 
Written By: Dusty
URL: http://
Captian...
My next favorite was ordering at the drivethrough and being asked... "Is that for here or to go?"
I have worked drive through many times when I was a teen...

I’ve been told, as I took an order for drive-thru, that they would like it "to go"...

To go? No sh*t. You sure? You positive? Think it over. Wouldn’t you prefer to sit in my GOD DAMN LANE and eat that burger, you great fat cow???

Fast food was where I began to hate humanity. Working Customer Service in retail cemented my hate.

At the local McDonalds, they get my order wrong about 75% of the time. "No Onions" gets them every time. And we won’t start on the whole concept of "change". if your order is 7.32, and you give them a ten dollar bill, a nickel, and two pennies, you just f*cked up the whole works.
 
Written By: Scott Jacobs
URL: http://
Uhhhh, Burger King is "have it your way" while McD’s doesn’t care.

In Taiwan, if they get an order wrong they will hand deliver the correct food to your house. (Okay, I’ve had that happen three times, but years ago...may not work now.)
 
Written By: Harun
URL: http://
In Taiwan, if they get an order wrong they will hand deliver the correct food to your house.
Is that before or after they cane the guy who screwed up? ; )
 
Written By: JWG
URL: http://
Looks like someone wanting to make some easy money off a big corporation.

Must be a Democrat....
 
Written By: Shark
URL: http://
The phrase "don’t eat the yellow snow " comes to mind for some reason.


"Fast food was where I began to hate humanity. Working Customer Service in retail cemented my hate."

Amen. Add alcohol and you really have a fun time.
 
Written By: timactual
URL: http://
I’m a social drinker...

I drink so I can stand to be around people.
 
Written By: Scott Jacobs
URL: http://
And for wingers that’s their chief problem with the tort system; some poor bastard might recover for the harm he has suffered.
Statements like that one are what keep the prize for All-Time Stupidest Comment from going to Erb
 
Written By: Steverino
URL: http://steverino.journalspace.com
Looks like nutroot mkultra has memorized his Soros handbook imprecisely. Go back and repost, using the exact intonations and pauses for breath!

BTW, my guess is that Silk Pony John-Boy Edwards set this up using some of his illiterate peanut-gallery denizens—-good to keep scams like his "studying poverty by working for a hedge fund" income source in high gear, since his wife-cancer and other scams are now running out of gas. South Carolina is full of scammers like John Edwards and this dude Jeromy.
 
Written By: daveinboca
URL: http://www.daveinboca.blogspot.com
The drive through is always a crap-shoot. I don’t generally try to order anything unusual so I don’t often get the wrong thing but it still happens. Funniest was the time I got my burger without a top bun.

In this case it’s not that McDonald’s didn’t screw up, it’s that they screwed up in a usual sort of way (provided he did, indeed, get cheese on *his* burger.)

Which brings up my last fast food purchase... 12 jr. cheese burgers from Wendy’s, half regular and half deluxe. My kids don’t like the "salad" so when the burgers got passed around everyone *checked* what was inside.

When it comes right down to it... it takes a whole lot of faith for *anyone* to bite into fast food without looking at it first.

(Not that it makes it this guy’s fault either, and being allergic to dairy has got to seriously suck.)

((A double cheeseburger off the dollar menu at McDonald’s beats the jr. cheeseburger from Wendy’s and the french fries are so much better.))
 
Written By: Synova
URL: http://synova.blogspot.com
Love Mr. Erb’s opening post. Good to know it’s not just Democrat Prez. Candidates talking about targeting big corporations for easy money...
 
Written By: BWIII
URL: http://
Some posters on this thread refer to their own food allergies and those of their families. Without meaning offense to them...this reminds me of hemophiliacs and what Robert Heinlein said - that hemophiliacs should NOT be treated but be allowed to bleed to death. Why? Because otherwise they marry, breed and have little baby hemophiliacs (or pass the genes on).

The question is, why are people having these mega-allergies, what causes it, and how did they live THIS long? To the afflicted I’m sure it seems real, but to those of us [idiots] with unthinking good health and never an allergy or a cavity, it seems that it must, somehow, be your fault! Or your parents, if their misfeeding created these allergies.

I mean, peanuts? What did the military-industrial complex do to create peanut allergies? And back in my day [lol], allergies meant your lips tingled or maybe your face swelled up, but instant death?

What happened to survival of the fittest?

The whole problem is that people now seem to think the aim of society is to make sure that everyone lives forever.

I bet illegal immigrants never have food allergies. Too happy to have food to eat.

—again, I feel really bad for allergy sufferers, but I just don’t get it.

And of course this Cheeseburglar is either just that, a thief, or is too stupid to live. Asks five times like a yenta and doesn’t look. Uhuh.
 
Written By: Super Flamebait
URL: http://
I’d love to see Edwards do his ’speak for the victim to the jury’ routine on this case. He can play the part of that guys stomach-

’Oh I am so empty. If I don’t get food soon, I don’t know what will become of me’

’Look, sustenance!’

’Oh no, cheese! I can’t handle cheese!’

’Someone save me, how did this happen? I’m just a nice good innocent stomach who is allergic to cheese!’
 
Written By: abw
URL: http://abw.mee.nu
Scott Jacobs,
I’m sorry to hear that you’ve had bad experiences in "customer service", for myself I try to remember that the person at the other end of the line is human and has feelings too. I recently sent a watch in to a major manufacturer’s "out of warranty" repair centre, the phone rep was quite courteous on the phone when we discussed what i needed done, and when the work was done and I got my watch back I was so pleased i called back to thank them.
———————————
"Super Flamebait",
I have a fairly complete collection of Heinlein’s works but I don’t remember the quote you cite, would you like to provide a book title and page reference to back it up? Thanks.
JWW
 
Written By: J. Wellington Wells
URL: http://
I have a fairly complete collection of Heinlein’s works but I don’t remember the quote you cite, would you like to provide a book title and page reference to back it up? Thanks.
I was curious as well and found this site which discusses the quote.

For example, on page 177 (of the 1961 Avon edition), Jubal Harshaw (a fairly obvious autobiographical character) says, "Most do-gooding reminds me of treating hemophilia—the only real cure for hemophilia is to let hemophiliacs bleed to death...before they breed more hemophiliacs."
Which is then refuted with -

But hemophilia is a recessive trait, so unless you kill off the hemophiliacs siblings (and first cousins, etc.) as well, you haven’t decreased the quantity of the trait in the gene pool. (You have kept it from increasing, I suppose.)
Quite interesting....
 
Written By: meagain
URL: http://
They have double cheese burgers for a dollar, but of course they’re nastier with cheese so I ordered a "double hamburger with no cheese," and it still had cheese on it when I got it
Total was $4.32. Handed cashier $5 bill. She punches in the $5 and the register says $.68 change. She takes two quarters and one nickle out, looks at the change in her hand, looks at the register, then the cash drawer. Looks at the change in her hand, then the register, then the cash drawer. Looks at the change in her hand, then the register, then the cash drawer.
there is eventually a time in any fast food employees life when all the things they work with just stare back at them in a tormenting manner, probably after a particularly bad day
 
Written By: jows
URL: http://

 
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