Whatever Happened to Whataburger? And Whatabout the New Lawsuit Against the Restaurant?

2000s America - Whataburger, Las Cruces, New Mexico 2003
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For those in the South, Whataburger is more than just a fast food joint; it’s a piece of home, wrapped in orange-and-white stripes, with a side of fries. Whether you were raised on Breakfast on a Bun or made late-night runs for a Double Meat Whataburger, there’s a strong chance this burger chain holds a soft spot in your heart. Do you remember when it all began?

The chain got its start back in 1950 when Harmon Dobson and Paul Burton opened the first Whataburger in Corpus Christi, Texas. Dobson wanted to make a burger so big and delicious that you’d take one bite and say, “What a burger!” That first creation sold for just 25 cents, loaded with lettuce, tomato, pickles and onions. The ingredients have changed slightly over the years, but the original vision is basically the same.

A replica of the original Whataburger in the parking lot of a Whataburger at 4126 South Staples Street, Wednesday, Aug. 10, 2016, in Corpus Christi

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By 1961, the brand had grown enough to stand out with its now-iconic A-frame buildings. The orange-and-white stripes weren’t just eye-catching; they were a nod to Dobson’s love of aviation. Sadly, on April 11, 1967, Dobson and an associate died in an airplane crash.

Dobson’s widow, Grace, then took control of the business. Over the next few decades, Whataburger expanded throughout Texas and beyond, surviving leadership changes, introducing new menu items, and continuing to build up a loyal customer base. They hit an enormous milestone in 2001, when the Texas Legislature officially declared Whataburger a Texas Treasure.

In 2019, after nearly 70 years as a family-run business, the Dobsons sold a majority stake to a private equity firm, BDTT & MSD Partners. Though the company headquarters stayed put in San Antonio, fans were worried that the company’s vision and quality would change. Today, more than 1,100 Whataburger locations exist in 16 states, with expansion plans underway in the Carolinas and the Southeast.

U.S. Senate candidate Rep. Beto O'Rourke (D-TX) takes a quick break from canvassing to have lunch wit his daughter Molly, 10, an the rest of his family and campaign staff at a Whataburger November 3, 2018 in Dallas, Texas. As Election Day approaches, winning swing votes in the suburbs that surround Dallas and Fort Worth will be crucial in a statewide victory for O"u2019Rourke and his opponent incumbent Sen. Ted Cruz (R-TX)

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But recently, Whataburger has been making headlines … and not in a good way. A Texas man named Demery Ardell Wilson is suing the company for allegedly serving him onions, even after he told them about his allergy. Wilson filed a complaint in Harris County’s 269th Judicial District Court, claiming the mistake sent him to the doctor with serious medical issues. The lawsuit, filed in April, accuses Whataburger of negligence. Wilson says that the restaurant failed to meet standard safety protocols and served him food that was “unreasonably dangerous.” He’s seeking damages between $250,000 and $1 million, though that number may change as the case progresses.

Whataburger responded in a court filing, denying any wrongdoing. The company stated that it was unaware of any defect in the food and pointed out that onions are not listed as an allergen on its official website. Instead, the site warns customers about common allergens like wheat, soy and gluten. The case’s outcome is currently unknown. Despite the legal drama, Whataburger fans remain fiercely loyal. Many still stop at roadside locations for a taste of nostalgia served fresh off the grill.

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