Case details
Plaintiff mishandled coffee cup at drive-through, defense argued
SUMMARY
$145000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
burns, disfigurement, groin, scar, second degree
FACTS
On April 24, 2017, plaintiff Claudia Ortiz, 40, a homemaker, received coffee from a server at the drive-through of a McDonald’s restaurant in San Diego. The coffee spilled on her, causing of her groin area. Ortiz sued the owner and operator of the restaurant, Scarob Inc., and the franchisor, McDonald’s Corp. Ortiz alleged that the defendants’ staff was negligent in the preparation and service of the coffee. Plaintiff’s counsel contended that the temperature of the coffee was excessive and that Scarob’s employee failed to securely fasten the lid on the cup of coffee before handing it to Ortiz. At the conclusion of Ortiz’s case, the court granted McDonald’s Corp.’s counsel’s motion for a non-suit. Scarob’s counsel argued that there was no evidence that the cup’s lid was loose. Counsel also argued that Ortiz was negligent in her handling of the coffee cup after she received it from the employee., Ortiz sustained second-degree burns of her groin area. She presented to her primary care physician for treatment two days after the incident. Ortiz claimed that she retains scars of her groin area. She did not requiring grafting, and plastic surgery has not been recommended. Ortiz sought recovery of $545,475 for past and future pain and suffering. Defense counsel noted that Ortiz did not present to an emergency room after the incident and that Ortiz only saw her primary care physician regarding her one time. As a result, counsel disputed Ortiz’s alleged damages, arguing that Ortiz’s scarring is minimal and not noticeable.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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