Case details
Waiter told plaintiffs about hot soup on table, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
On Sept. 29, 2011, at approximately 6:30 p.m., plaintiff Natalya Tag was seated at a table at Yamato restaurant in Westwood, celebrating her sixth birthday with her mother, plaintiff Christina Tag, and brother. As Natalya’s elbow made contact with a bowl of miso soup, it spilled onto her clothed chest and caused second-degree burns. Christina Tag, acting individually and as Natalya’s guardian ad litem, sued the restaurant’s operator, Yamato Kura LLC. Christina Tag alleged that the actions of the restaurant’s waiter constituted negligence and willful misconduct and that Yamato Kura was liable for the waiter’s actions. The willful-misconduct claim was ultimately dismissed on a motion for non-suit. Plaintiffs’ counsel contended that the soup was placed on the table too close to Natalya and that the waiter did not gain Christina Tag’s attention or warn anyone at the table prior to placing the soup down near Natalya. Counsel further contended that the soup was too hot to be placed in front of a minor, who happened to have turned away when the soup was delivered. Defense counsel argued that the soup was served at the appropriate temperature of up to 155 degrees and was placed at the opposite end of the table from Natalya. Counsel contended that Christina and Natalya Tag frequented the restaurant almost once a week and ordered the soup on almost every occasion. Counsel further contended that the waiter told the Tags that the soup was hot when it was delivered to the table., Natalya was taken by her mother to the emergency room at Ronald Reagan UCLA Medical Center, in Los Angeles, where she was diagnosed with second-degree burns to her chest. She was subsequently treated and released. Natalya was then brought to the Grossman Burn Center, in West Hills, the following day and then returned for several follow-up treatments. Natalya’s mother claimed that despite treatment, her daughter is left with permanent hypopigmentation of her chest. She also claimed that Natalya now suffers emotional distress with symptoms of depression and post-traumatic stress disorder as a result of being constantly aware of the large mark on her chest area. Plaintiffs’ counsel further argued that due to the chest hypopigmentation, Natalya will deal with physical/aesthetic issues as she grows up and develops as woman. Natalya’s mother, Christina Tag, claimed she also suffers emotional distress as a result of witnessing the incident. Thus, plaintiffs’ counsel asked the jury to award Natalya and Christina Ta an unspecified amount in general damages. Defense counsel argued that seven to 10 days after Natalya sustained the second-degree burns, Natalya was pain-free. Counsel further argued that Natalya’s alleged hypopigmentation was very slight.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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