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Burns from spilled coffee were fault of customer: defense

Type:

Verdict-Defendant

State:

Michigan

Venue:

Washtenaw County

Court:

Washtenaw County, Circuit Court

Injury Type(s):

leg-scar and/or disfigurement, leg;
burns

Case Type:

Hotel/Restaurant – Hot Beverage; Worker/Workplace Negligence

Case Name:

Patricia McCrady v. Sundance, Inc.,
No. 16-000832-NO

Date:

June 26, 2018

Parties

Plaintiff(s):

Patricia McCrady (Female, 84 Years)

Plaintiff Attorney(s):

Frank A. Fleischmann;
Ravid & Associates, PC;
Southfield,
MI,
for
Patricia McCrady

Defendant(s):

Sundance Inc.

Defense Attorney(s):

Scott L. Feuer;
Law Offices of Scott L. Feuer, PC;
Troy,
MI,
for
Sundance Inc.

Insurer(s):

Argo Insurance Co.

Facts:

On Nov. 25, 2015, plaintiff Patricia McCrady, 84, purchased a cup of coffee via the drive-through lane at a Taco Bell restaurant in Ann Arbor. At some point, the coffee spilled into her lap. McCrady was treated for severe burns on her leg. McCrady sued Sundance, Inc., the Taco Bell franchise owner, alleging negligence. She claimed the coffee spilled into her lap because the lid on the coffee cup was not properly secured. Sundance denied its employee was negligent. The defense contended that McCrady did not return to the restaurant for 15 minutes after purchasing the coffee and, though she said she had spilled coffee on herself, she never said the lid was loose. Also, the attendant testified that the lid was secure when the attendant handed the coffee to McCrady. Therefore, the defense argued that McCrady spilled the coffee due to her own negligence.

Injury:

McCrady was transported to the hospital by ambulance. She was treated for severe burns. She required debridement of the burns and follow-up treatment. McCrady claimed scarring and disfigurement and that the scarring on her leg restricted her ability to perform aqua therapy required after a hip replacement. She sought $6,000 in medicals, as well as damages for pain and suffering. The defense did not dispute that McCrady suffered burns to her legs, but maintained that its employee was not negligent and no damages were due or owing. Case evaluation was $24,000, which both parties rejected.

Result:

The jury rendered a defense verdict.

Trial Information:

Judge:

Carol Kuhnke

Demand:

$75,000

Offer:

$24,000

Trial Length:

1
 days

Trial Deliberations:

15
 minutes

Jury Vote:

8-0

Post Trial:

The defense was awarded $32,000 in case-evaluation sanctions.

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to a request for comment.