Timothy D. Houston

MORGANTOWN - A Monongalia County man is seeking $10 million from McDonald's after an employee put cheese on his sandwich.

Jeromy Jackson, his mother Trela Jackson and his friend Andrew Ellifritz filed a suit July 18 in Monongalia Circuit Court against the popular fast-food chain because Jeromy Jackson is allergic to cheese.

According to the suit, Jackson, his mother and friend went to the drive-thru at the McDonald's on Chaplin Road in Morgantown on Oct. 30, 2005. Jackson claims he ordered two "Quarter Pounders" without cheese, stating he was allergic to cheese.

"From this point forward, Mr. Jackson repeatedly asked as to the status of his food and whether it had no cheese, and took multiple preventive steps to assure his food did not contain cheese," the suit says.

The suit says Jackson received his food, bit into one of his sandwiches and immediately began to have a severe allergic reaction. He was rushed to United Hospital Center in Clarksburg.

"Mr. Jackson was only moments from death and/or seriously debilitation injury when hospital staff intervened," the suit says.

Jeromy Jackson suffered injuries to his body and mind and has incurred medical expenses. Jackson, his mother and friend claim to have suffered mental anguish, pain and suffering and a loss of enjoyment of life.

The lawsuit claims the negligence of McDonald's put the lives of Trela Jackson and Ellifritz in danger also, because they were forced to rush Jeromy Jackton to the hospital under dangerous conditions.

In the four-count suit, the plaintiffs seek $10 million in punitive and compensatory damages.

In addition to McDonald's Corporation, the McDonald's Restaurants of West Virginia, Golden Arch Inc., McDonald's of Star City West Virginia, two Jane Does and two John Does are named in the suit.

Attorney Timothy D. Houston represents the plaintiffs.

Monongalia Circuit Court case number 07-C-469

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