In May 2016, plaintiff Hadley DeRuyver, a 3-month-old girl, was with her family at a restaurant in the Omni La Costa Resort & Spa, in Carlsbad. She was in a high chair at a table with her two brothers and the family’s nanny, Brittany Russ, while her father went to put the stroller in a nearby corner and her mother left the table to clean a food mat for her. As Russ turned away to help Hadley’s brother with his shoe, a waiter placed a pot of hot coffee on the table. Hadley pulled the pot and spilled hot coffee on herself, causing to her abdomen, thighs and left hand. Hadley’s father, Christopher DeRuyver, acting individually and as Hadley guardian ad litem; mother, Robyn DeRuyver; and older brothers, Nathaniel DeRuyver and Zachary DeRuyver, sued Omni La Costa Resort & Spa, LLC and Fillmore LC Holdings I, LLC. The family alleged that the waiter was negligent for placing the coffee pot within Hadley’s reach and that Omni La Costa Resort & Spa and Fillmore LC Holdings were liable for the waiter’s actions. They also alleged that the defendants were liable for the negligent infliction of emotional distress to the family who witnessed the incident. Fillmore LC Holdings was ultimately let out of the case. Counsel for Omni La Costa Resort & Spa contended that Hadley’s parents and the family’s nanny failed to supervise and protect Hadley., Hadley sustained third-degree (full-thickness) burns to her abdomen and both of her thighs. She also sustained second-degree (split- or partial-thickness) burns to her left hand. Hadley was immediately taken to the UC San Diego Health Regional Burn Center, in the Hillcrest neighborhood of San Diego. She underwent skin graft procedures to her abdomen and both thighs, and a xenograft to her left hand. She also underwent six additional laser and skin excision surgeries to aid in scar recovery. Plaintiffs’ counsel contended that despite excellent care, Hadley will have scarring. Counsel contended that as a result, Hadley will require future laser surgeries, tissue expansion and excision surgeries as she grows. Hadley’s father sought recovery for Hadley’s past and future medical costs, and past and future pain and suffering. Hadley’s parents, her brother Nathaniel, then 8, and her brother, Zachary, then 5, witnessed the incident and its aftermath. They claimed that as a result, they suffer emotional distress. Hadley’s family sought recovery of damages for their respective past and future pain and suffering.