Man says hold the cheese, claims McDonald’s didn’t, sues for $10 million

A Morgantown man, his mother and his friend are suing McDonald's for $10 million.

The man says he bit into a hamburger and had a severe allergic reaction to the cheese melted on it.

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.

His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.

The lawsuit alleges Jeromy "was only moments from death" or serious injury by the time he reached the hospital.

"We're interested in seeing McDonald's take responsibility and change a systemic quality control problem that endangers the lives of up to 12 million Americans with allergies," said Timothy Houston, the Morgantown lawyer representing the plaintiffs.

Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald's on the way home to Clarksburg. Jeromy Jackson was living with his mother at the time.

Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.

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."

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.

Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.

At least two managers at the McDonald's called the Jacksons afterward to apologize for what happened, Houston said.

McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs.

The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.

The Jacksons and Ellifritz filed the lawsuit on July 18 in Monongalia Circuit Court.

Houston didn't know if McDonald's had yet been served with the complaint.

The lawsuit seeks damages on two counts of negligence, one count of intentional infliction of emotional distress and one count of punitive damages.

The fast-food giant has been sued before.

In one notorious instance in 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, N.M., sued McDonald's after she suffered third-degree burns from spilling a hot cup of coffee in her lap.

A jury later awarded Liebeck $2.9 million.

South Carolina Inmate Hits Michael Vick With ’$63,000,000,000 Billion Dollar’ Lawsuit

Embattled NFL quarterback Michael Vick, facing federal charges related to his alleged participation in dogfighting, has been hit with a "$63,000,000,000 billion dollar" lawsuit filed by a South Carolina inmate who alleges the Atlanta Falcons star stole his pit bulls and sold them on eBay to buy "missiles from Iran," FOX News has learned.

Jonathan Lee Riches filed the handwritten complaint over "theft and abuse of my animals" on July 23 in the U.S. District Court in Richmond, Va.

• Click here to read the filing against Vick.(pdf)

Riches alleges that Vick stole two white mixed pit bull dogs from his home in Holiday, Fla., and used them for dogfighting operations in Richmond, Va. The complaint goes on to allege that Vick sold the dogs on eBay and "used the proceeds to purchase missiles from the Iran government."

The complaint also alleges that Vick would need those missiles because he pledged allegiance to Al Qaeda in February of this year.

"Michael Vick has to stop physically hurting my feelings and dashing my hopes," Riches writes in the complaint.

Riches wants $63 billion dollars "backed by gold and silver " delivered to the front gates to the Williamsburg Federal Correctional facility in South Carolina. Riches is an inmate at the facility serving out a wire fraud conviction.

FOXNews.com attempted to contact Vick, but neither he nor his spokesman could be reached for comment.

Vick's attorneys, meanwhile, are negotiating a plea deal with federal prosecutors before new dogfighting charges are filed next week, according to the Atlanta Journal-Constitution.

• Click here for The Atlanta Journal-Constitution story.

No plea agreement involving Atlanta Falcons quarterback Vick has been filed, according to the court clerk, FOX News has learned.

Vick was accused of being involved in a dogfighting ring called "Bad Newz Kennels" run on property he owned in Surry County, Va. In late July, Vick pleaded not guilty to conspiracy to travel in interstate commerce in aid of unlawful activities, and conspiring to sponsor a dog in an animal fighting venture in a Richmond, Va., court.

Vick could reach an agreement ahead of new charges expected to come down next week after two more of Vick's three co-defendants prepare to enter guilty pleas later this week. By reaching a plea agreement, Vick could avoid any additional charges.

Police officer sues family she helps?!

CASSELBERRY, Fla. -- A police officer has sued the family of a 1-year-old boy who nearly drowned because she slipped and injured a knee responding to their 911 rescue call.

The young boy, Joey Cosmillo, fell into the family pool in January. He was resuscitated but suffered brain damage and now cannot walk, talk or swallow. He lives in a nursing home and eats and breathes through tubes.

Casselberry police Sgt. Andrea Eichhorn alleges the boy's family left a puddle of water on the floor, causing her fall during the rescue efforts. She broke her knee and missed two months of work.

"The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather, who lived in the home with his wife and the boy's mother. "Of course there's going to be water in the house. He was sopping wet when we brought him in."

Eichhorn's personnel file includes numerous commendations. The 12-year veteran has worked as a hostage negotiator and prostitution decoy, and even wrestled razors away from a suicidal person.

Eichhorn's attorney, David Heil, said she now has persistent knee pain and will likely develop arthritis. He said city benefits paid by workers' compensation and some disability checks helped with medical bills, but it wasn't enough. The lawsuit seeks unspecified damages.

"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," Heil said.

Police Chief John Pavlis said Eichhorn was a good officer, though he urged her not to sue.

Lost laptop? Sue for millions!

By Jackie Crosby, Star Tribune

February 13, 2008

Is your laptop worth $54 million?

Raelyn Campbell of Washington, D.C., is suing Richfield-based Best Buy for that amount after it lost her laptop computer while it was in for repairs.

Campbell, who could not be reached Tuesday, filed a negligence lawsuit suit against the company in Washington Superior Court on Nov. 16, seeking fair compensation for replacement of the $1,100 computer and extended warranty, plus expenses related to identity theft protection.

Best Buy spokeswoman Nissa French said in an e-mail that Campbell "was offered and collected $1,110.35" as well as "a $500 gift card for her inconvenience."

According to Campbell's blog at bestbuybadbuyboycott.blogspot.com, Geek Squad employees spent three months telling her different stories about where her laptop might be before finally acknowledging that it had been lost.

Campbell said that she doesn't really expect to get $54 million, but chose the amount to attract attention to her case. It's the same amount a D.C. judge sought against a dry cleaner last year that lost a pair of his pants.

Melissa Ngo , senior counsel with the Electronic Privacy Information Center in Washington, D.C., wasn't familiar with Campbell's case but said consumers need to get smart about protecting their data to avoid such situations.

"As more of our lives get put into electronics, these issues of privacy and security are going to become more common," said Ngo. "People don't want to take the few extra minutes of inconvenience, but they need to encrypt their data and back it up.