The Virginian-Pilot
©
VIRGINIA BEACH
The cup of Burger King coffee was hot. So hot, in fact, that when the lid popped off and the liquid spilled onto her lap, Crystal Branch suffered "severe and permanent burns to her left thigh," according to a lawsuit.
Branch has demanded $50,000 from Burger King Corp. and an unnamed employee, whom she claims in Circuit Court documents negligently handed her the cup of coffee inside a paper bag rather than a cup holder. This was during a morning drive-through visit Dec. 7, 2007, to the restaurant at 3952 Holland Road.
The employee "knew or should have known that handing coffee in a paper bag was dangerous and it was the duty of said employee to use reasonable care," according to the complaint. The lawsuit also claims the company and its employee should have known that "the coffee's temperature was far above a reasonable temperature as is reasonable in the fast- food industry."
Lawsuits filed against restaurants serving hot coffee aren't new. In perhaps the most famous case, a jury awarded nearly $2.9 million to a New Mexico woman who was scalded on her legs and groin after spilling McDonald's coffee on her lap in 1992.
A judge later reduced the award to $640,000 before the company and the woman agreed to a confidential settlement, according to news reports.
Branch, of Chesapeake, could not be reached for comment. Her attorney, Daniel J. Miller, said he was negotiating a settlement with Burger King and declined further comment. A Burger King Corp. spokeswoman said she was unable to comment on the case.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com
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Question
Was the coffee in the bag when it spilled? If it wasn't, so has no case. Was the bag wet? OHHH, who knows, this was over two years ago.
We can all thank Ms. Branch
We can all thank Ms. Branch and her attorney Daniel J. Miller when coffee sales, overall BK prices and insurance costs escalate to cover yet another frivolous lawsuit in this overly litigious society. There are too many damn lawyers in America.
I can see the lawyers interview now....
Yes mam uhh huh and you say the coffee you infact did order was hot uhh huh very interesting!!
Last worry!
If I faced a lawsuit similar to this the last thing this POS need worry about would be the hot cooffee!
Free money
Once again just trying to get a free handout. Cant fix stupid.
I dont doubt this is real
The last time i was at this Burger King ( about a year ago), the place was digusting filthy. The employees were rude beyond explanation. When I showed the manager all the food splattered on the walls and the tables she just shrugged her shoulders. Most burger Kings are closed in VB, this one is the worse.
although the employee should
although the employee should have known better than to hand over any liquid inside a bag to a customer... that was a huge mistake, but not one that should end in a lawsuit for 50 grand
$50,000 for a cup of
$50,000 for a cup of coffee. that is ridiculous. if someone hands you a cup of coffee in a paper bag, you should have enough common sense to not take it, and to ask for a drink holder. i think this woman is either very angry (at herself or the employee, i do not know) or just not smart... you should know that coffee comes HOT, and the cups say "CAUTION contains hot liquids" i really hope that employee does not lose their job over this woman
Not too many attorneys
take these cases. They get emabarassed at having to be that unprofessional. Does the term "ambulance chaser" apply?
I need this lawyers phone #
I want to sue the STANLEY TOOL CO. I was just out in my garage attempting to drive a 12D nail into a 2x4. It was an obvious malfunction of the hammer that caused it to diveiate from its intended course of the 12D and land squarely on the Thumbnail of my left hand. Mr Stanley should have realized that this is a very dangerous tool that seems to have a mind of it's own. The pain and suffering will probably last for days and I might even loose the use of that nail. Plus I am so distraught right now I probably won't be able to be in the same room as that dangerous tool for a long time, if ever again. I also need a lawyer that can explain this nightmare to my wife, the project was her idea. HEY, maybe I can sue her too?