(LibertyInsider.org) – A 74-year-old Toms River, New Jersey, man filed suit against Dunkin’ Donuts on June 6 for serving extremely hot coffee to him through a drive-through location on April 27 without adequately securing the lid on the takeout cup. The scalding liquid spilled on his thighs when the lid dislodged, causing severe burns that required medical treatment.
Cosimo Nistico said none of the employees came to help him, so he drove himself to the hospital. He described being afraid of the severity of the burns as he tried to wipe the coffee away.
NJ man sues Dunkin’ Donuts over coffee burn, echoing famous 90s case https://t.co/cd5gzgXRnc pic.twitter.com/F5qNHvRqt2
— New York Post (@nypost) July 10, 2024
If Nistico’s case sounds hauntingly familiar, look no further than a similar case from the 90s that received widespread media attention. In 1992, Stella Liebeck suffered third-degree burns over six percent of her body and lesser burns over 16% of her body after accidentally spilling 190-degree Fahrenheit coffee obtained from a McDonald’s drive-thru while trying to add sugar and creamer.
The burns were so severe they nearly killed Liebeck. Her wounds required extensive surgery. She filed suit in 1994, only after McDonald’s refused to reimburse her for the medical expenses and copays her insurance wouldn’t cover, initially seeking only $20,000 in actual damages.
However, a jury awarded her $2.9 million in punitive damages because McDonald’s had continued to serve their coffee at such elevated temperatures even after receiving more than 700 complaints from people who had scalded themselves. An appeal reduced the judgment to $640,000.
McDonald’s legal counsel promoted the story in print and television media, painting Liebeck as a shrewd scammer who made a fortune from spilled coffee. Many legal pundits believe the attorneys worked to slant public opinion against consumer lawsuits and individual plaintiffs, couching them as “frivolous.” Liebeck became the punchline to several famous comedians’ jokes.
Yet, lawsuits over spilled coffee and other hot drinks persist. In February, Dunkin’ Donuts settled a $3 million claim from a Georgia woman who claimed injuries in 2021 from scalding coffee spilled after an employee failed to secure the lid on the cup. Claimants cite the extreme temperature of the beverages, often between 190 and 205 degrees Fahrenheit, poor cup and lid design, and negligent customer service resulting in severe injuries.
Nistico is seeking a jury trial to hear his case.
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