Attorney Elizabeth Leo successfully obtained summary judgment in favor of a major coffee and donuts franchise involving an incident of spilled coffee during a drive-thru transaction. The plaintiff claimed that the coffee shop was negligent and careless when the hot coffee spilled on the driver’s left hand and thigh. The plaintiff specified the employee did not use due care, failed to mention the coffee might spill, failed to properly close the lid, didn’t mention the coffee was hot, did not take precautionary measures so the coffee wouldn’t spill, and did not check that it was not spilling.
In the decision, issued in the Superior Court of Waterbury by Judge Caletha Parkinson, discussion ensued as to the method and conditions for granting summary judgement and the theories related to premises liability.
Attorney Leo argued that the plaintiff could not prove there was a specific cup defect that caused his injuries. Furthermore, there was no evidence that the defendant had any notice of any condition that could cause injury and the defendants’ motion for summary judgment was granted in its entirety.