MORGANTOWN - McDonald's denies any intentional wrongdoing in the now famous $10 million dollar cheese lawsuit and seeks to have the case dismissed.

On Aug. 31, the McDonald's Corporation answered a lawsuit filed by a man who seeks $10 million from the company after he has a severe allergic reaction when he bit into a sandwich that had cheese on it.

In the answer, filed Aug. 31, McDonald's seeks to have the case filed by Jeromy Jackson dismissed, claiming the company is not guilty of any "intentional, willful, reckless, malicious, or outrageous act."

According to the original suit, filed July 18 in Monongalia Circuit Court, Jackson claims he asked for no cheese on his Quarter Pounders when he went through the drive-thru with his mother, Trela Jackson, and his friend, Andrew Ellifritz. They are also named as plaintiffs in the suit.

Jeromy Jackson claims he asked several times about his food to make sure there was no cheese on his sandwiches because he is allergic. However, according to the suit filed by attorney Timothy Houston, Jackson bit into his burger, which did have cheese on it, and he immediately began to have a severe allergic reaction.

Jackson claims he "was only moments from death," when the hospital staff intervened. He filed the suit seeking $10 million for punitive damages.

In the answer from McDonald's, the company denied the allegations that the acts of workers at the restaurant were negligent, making the company liable for Jackson's treatments. They asked the court to dismiss the case.

Houston and McDonald's both have released statements saying they would not be discuss the suit with the media until the case has been discussed more between the two parties.

"Nothing is more important to us than the safety and well-bring of our customers," Andy Grandinetti, the operations manager of the Pittsburgh Region for the McDonald's Corporation said. "As this is pending litigation, it would be inappropriate to discuss further."

The case has been assigned to Monongalia Circuit Court Judge Robert B. Stone.

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