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Jul. 24, 2008 | West Virginia's Legal Journal
 
NEWS

'Hold the cheese' plaintiffs working without attorney

3/14/2008 7:40 AM
By Cara Bailey -Monongalia Bureau

MORGANTOWN - The case of a Clarksburg man suing McDonald's for $10 million after he had an allergic reaction to cheese on his burger is moving forward without an attorney.

Jeromy Jackson, his mother Trela Jackson and his friend Andrew Ellifritz now are representing themselves after attorney Timothy Houston was removed from the case, at his request.

The case is now scheduled for pre-trial, to be March 28 at the Monongalia County Courthouse in the court of Judge Robert B. Stone.

The suit grabbed national headlines in July after Jeromy Jackson, 19 at the time, filed the suit against the fast-food giant, seeking $10 million in punitive damages after he received a burger with cheese, to which he is severely allergic.

During an exclusive interview with The Record, Trela Jackson said her son took several precautions to insure he had no cheese.

According to the lawsuit, Jeromy Jackson twice requested that his food be made without cheese and asked twice when he received his food.

Trela Jackson said the receipt said "no cheese" and there was a sticker on his boxes that stated the sandwiches were made without cheese. However, when Jeromy Jackson bit into the burger, he began having a severe allergic reaction to the cheese that was on his food.

He was taken to United Hospital Center in Clarksburg where he was treated. Trela Jackson and Ellifritz were in the car with Jeromy Jackson and claim they were put in danger when they had to rush him to the hospital.

Jeromy Jackson incurred $700 in medical bills, which his mother wanted McDonald's to pay.

McDonald's filed a response to the initial lawsuit in August denying any wrongdoing.


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