Lottie L. Bash and Annalynn S. McDermott through a motion for summary judgment obtained a dismissal of all claims against a fast food chain based upon product liability and employee negligence.
Plaintiff contended that the coffee spilled upon himself was unreasonably dangerous due to the temperature and/or that the chain was negligent for "overfilling" the coffee cup. The product liability claim was dismissed because defendants demonstrated that the coffee was served
at the generally accepted industry temperature and that the equipment brewed the coffee within the industry standard brewing temperature. The negligence claim was dismissed based upon plaintiff’s failure to prove that the coffee served exceeded the industry’s accepted temperature.
For the complete Judgment granting MSJ > more
For the complete Memorandum in Support of MSJ > more