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Man Sues Burger King For Whoppers. (Or Equivalent.)

There are all sorts of abuse in lawsuits these days. There are people who are looking for huge paydays over what are essentially minor issues. The legal system is clogged with such claims which makes getting justice a timely proposition.

Yet there are some lawsuits that we think are humorous as well as pretty creative. This is one of those cases.

Curtis Brooner, is a 50 year old man who likes to eat in a Portland, Oregon Burger King.

…. Brooner said, he frequented Burger King nearly every day because he enjoys the food and it’s just one freeway stop from his work in Troutdale.

Last month after finishing his mean, Brooner used the men’s restroom. However, when he tried to exit the restroom, he found that he could not exit due to a faulty lock or door handle.

Employees slipped a fly swatter under the door and suggested he use it to pry open the lock, the lawsuit says. Brooner allegedly cut his hand attempting that. The lawsuit says he could hear employees on the other side of the door laughing at him.

“The cleanliness of the place was less than desirable,” Brooner tells WW. “Highway bums use it as a changing room. It’s not a pleasant smelling place. Being locked in there for over an hour, you smell like that when you get out.”

Brooner says being trapped triggered his post-traumatic stress disorder, and he sat in the Burger King for another hour, too shaken to drive.

You might be thinking that Brooner is suing over emotional distress, confinement or a myriad of other things.

That’s not the issue.

Brooner was too shaken to immediately leave the restaurant — and that’s when employees gave him a bandage and some ointment for his cut and a manager apologized and offered him a verbal promise that he could always eat there for free, Brooner said.

[….]

He said after the free-meal promise, he ate there for free every day for the next 13 days, with the exception of Dec. 24 and Dec. 25. Twice, he ate breakfast and dinner there on the same day, he said.

But when he went in on Dec. 28, Brooner said, he was told “district management” had yanked the free-meal pledge.

Brooner is suing based on the revocation of the deal.

What makes this lawsuit funny (at least to us) is the $9,026.16 in damages Brooner is suing for:

Mr. Brooner is 50 years old,” the lawsuit says. “A Burger King Whopper® Meal costs $7.89. Assuming Mr. Brooner lives to be 72 years old and consumes on average one Burger King Whopper® Meal per week for the rest of his life, the value of Burger King’s agreement to Mr. Brooner is $9,026.16. If the Court will not require Burger King’s specific performance under the agreement, Mr. Brooner instead requests judgment for $9,026.16 against Burger King, which is the value of the lifetime supply of Burger King meals that he was promised.”

As the original deal was free meals for life, Brooner’s suit based on one Whopper mean per week seems rather reasonable to us. After all, Brooner was not the one who made the promise of free meals for life – the restaurant did.

We think the restaurant should have honored the deal. If Brooner was eating there too much, Burger King could have talked to him and basically said they wanted to revise the deal. That would have been perfectly acceptable and reasonable to us.

(Heck, eating Burger King every day may contribute to the death of Brooner long before he is 72.)

The interesting thing to us is that the suit is asking for money in lieu of the restaurant living up to the original deal or the new deal of one Whopper meal per week.

We wonder how that would work out with the lawyers. Would they be getting 30% of the Whoppers? (We kid of course.)

We also think this could be a bonanza for other fast food restaurants. Think about the advertising…..

“We don’t have to lock you in our bathrooms when you visit McDonalds…..”

“We honor our promises at Wendy’s……”

This is a funny lawsuit, but oddly, one that we hope Brooner wins. We actually hope that Burger King has to live up to the offer and agreement they made with Brooner.

(And also get the doors checked so they don’t lock people in the restrooms.)



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