Case details
Restaurant patron claimed facial burns from spilled coffee
SUMMARY
$100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
disfigurement, face, head, headaches, nose, scar, sensory, speech, tinnitus
FACTS
On Aug. 3, 2012, at approximately 3 p.m., claimant Brian Yost, 38, a bank branch manager, was at lunch with his wife, claimant Kristen Yost, 38, a financial advisor, at the Wayfare Tavern in San Francisco. As they were seated, a waiter carrying an urn with 64 ounces of boiling coffee slipped and spilled the hot coffee on the right side of Mr. Yost’s face. Mr. Yost brought a claim against Wayfare Tavern. He alleged that Wayfare Tavern was liable for its employee’s negligence., Mr. Yost sustained first- and second-degree burns to 20 percent of his face, allegedly resulting in severe blistering burns to his right cheek, neck and ear. He was subsequently taken to St. Francis Hospital in San Francisco. Mr. Yost ultimately underwent six months of treatment with plastic surgeons. Mr. Yost claimed his caused tinnitus, or ringing in his ears, an eschar of the right cheek, and severe migraines. He also claimed he suffers from post-traumatic stress disorder as a result of the incident. Mr. Yost underwent treatment for his PTSD, migraines and tinnitus, but he claimed he continues to suffer from sensitivity to the skin on the right side of his face. Thus, Mr. Yost sought recovery of $6,164.51 in medical costs. He also sought recovery of damages for his pain and suffering. Mrs. Yost claimed she suffered PTSD as a result of having witnessed the accident. She subsequently treated her PTSD with a therapist at a Kaiser Permanent facility on two occasions. Thus, Mrs. Yost sought recovery of $1,478 for her own medical costs. The respondent’s insurance adjuster claimed that Mr. Yost’s were not very visible and that any inconvenience caused by the burns was minimal.
COURT
Superior Court of San Francisco County, San Francisco, 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
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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