'Hold the cheese' attorney wants off case

By Cara Bailey | Nov 1, 2007


MORGANTOWN - The attorney for a man seeking $10 million from McDonald's has filed a motion in court to withdraw as counsel for the case, stating he is leaving his law practice.

According to a motion filed Oct. 24 in Monongalia Circuit Court, attorney Tim Houston is asking to be removed as counsel for Jeromy Jackson, a man who had a severe allergic reaction after biting into a McDonald's cheeseburger.

The case has received national attention as well as media scrutiny, being called a "frivolous lawsuit." Houston announced shortly after the case was filed that he would not speak to the media until after the case had been heard in court.

However, in the motion, Houston announced that he is leaving his current law practice, effective immediately.

To see the motion, click here.

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, 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 lawsuit, seeking $10 million for punitive damages.

The story was a popular topic on message boards and blogs on the Internet, as well as being discussed on MSNBC and by conservative radio host Sean Hannity.

Houston could not be reached immediately for comment, and it is not currently known in Jackson will hire another attorney.

Last month, West Virginia Citizens Against Lawsuit Abuse named Houston its top abuser of the legal system to commemorate Lawsuit Abuse Awareness Week, which was Oct. 1-7.

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