Case details

Mother and daughter burned from hot water at restaurant

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
burns, pain, thight, wrist
FACTS
On April 12, 2014, plaintiff Sherley Lee, 37, a registered physiotherapist, and her family travelled from Canada to visit relatives in the San Francisco Bay Area. Lee’s family, which consisting of 10 people, went to Darda Seafood Restaurant, in Milpitas. They were placed in a private room, and a server placed a teapot containing hot water on a large Lazy Susan in the middle of their table. As the family was settling in, Lee’s 6-year-old allegedly spun the Lazy Susan, causing the teapot to fall over and spill its entire contents onto the laps of Lee and her daughter, plaintiff Lauren Fung, 8. Lee and her daughter claimed burn . Lee, acting individually and on behalf of her minor daughter, Lauren, sued the owner of Darda Seafood Restaurant, HM Islamic Inc. Lee alleged that HM Islamic’s employee failed to warn them about the hot water in the teapot, creating a dangerous condition. HM Islamic subsequently brought a third-party claim against Lee’s husband, Tom Fung. It alleged that Mr. Fung was negligent for failing to supervise his 6-year-old son. Lee claimed that neither she nor her family asked for tea and were unaware of the presence of the teapot on her family’s table. Thus, she claimed that the HM Islamic’s server negligently placed the teapot containing hot water on the Lazy Susan without warning them or confirming that any of the adults were aware of the hot water. Counsel for HM Islamic contended that Mr. Fung’s son’s actions of turning the Lazy Susan was what caused the teapot to fall and spill hot water onto the laps of his mother and sister, resulting in their burns. Mr. Fung’s counsel asserted that the proximate causes of the accident was providing unwanted, scalding tea/water; placing the tea/water on the edge of the Lazy Susan, rather than on the center, where it would not have fallen if spun; failing to provide a locking lid on the teapot, which would have prevented the vast majority of the water from spilling; failing to warn of the presence of the tea/water; and serving tea/water that was too hot for its intended use., Lee claimed the scalding water caused burns to both her and Lauren’s groins and thighs. They were subsequently taken by ambulance to the Burn Center at Santa Clara County Medical Center, in San Jose, where they were treated for their respective burns. It was ultimately determined that Lee and Lauren each suffered second-degree burns, covering approximately six percent of their total body surface area. Lee and Lauren were treated overnight and released the next day. They then travelled home to Canada, where they each sought follow-up treatment. Lee claimed that she was left with permanent scarring on her thighs. She subsequently sought treatment from a cosmetic surgeon who specialized in burn . However, Lee claimed that she was advised that her scarring could not be treated. Lauren’s to her wrist and thighs resulted in some discoloration of her skin. However, the condition healed and ultimately resolved within a few months. Thus, Lee and Lauren sought recovery of $60,000 in total medical costs and an unspecified amount of damages for their respective past pain and suffering. Lee also sought recovery of $4,162.28 in lost wages from her job as a registered physiotherapist as well as an unspecified amount of damages for her future pain and suffering.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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