Gray•Duffy Obtains Minimal Settlement in Personal Injury Lawsuit involving a Young Boy and Scalding Hot Beverage

March 2012

Overview

Gray•Duffy reaches a settlement of $9,000 on behalf of its client, Yum Yum Donuts in a personal injury lawsuit involving a six-year-old boy who suffered 1st and 2nd degree burns from a cup of hot chocolate purchased and given to him by his mother.

Discussion

Gonzalez v. Yum Yum Donut Shops, Inc.

A mother purchased a cup of hot chocolate at Yum Yum Donuts. When she got in her car, she handed it to her six-year-old son, the cup’s cap came off, and the contents spilled in the boy’s lap resulting in 1st and 2nd degree burns and discoloration of his inner thighs. Prior medical records noted that the boy had poor hand-eye coordination and may be developmentally disabled.

A month later, an investigation was conducted at the donut shop. The manager told the investigator that he believed that the hot chocolate dispenser was set at 120 degrees, but the investigator obtained readings of 170 degrees. However, the actual temperature of the liquid spilled on the boy’s lap was undeterminable. The manager’s presence at the investigation created the possibility that he would testify to the 170 degree readings creating potential for a jury to find negligence.

There were also allegations of child negligence because the mother failed to test the temperature of the hot chocolate and ensure the cap was secure before she handed it to her son.

Gray•Duffy reached a settlement of $9,000 on behalf of the defendant.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.