Personal Injury
Defective ProductsPersonal Injury Legal Cases
Negligent Employees Make Coffee At Unsafe Tempratures, Causes Severe Burns To Teenage Girl
Attomeys for Plaintiff ______________, a minor, by and through her Guardian Ad Litem,
DlANE CORlGLlANO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
______________, a minor, by and through) CASE NO: her Guardian Ad Litem, DIANE CORIGLIANO
COMPLAINT FOR DAMAGES ) VS. ) 1. Negligence; ) 2. Negligent Infliction of Emotional Distress
CAFE U.S., a business organization, form )unknown, 85° C CAFE AND BAKERY, a business organization, form unknown, and DEMAND FOR JURy TRIAL DOES 1 through 100, inclusive,
Defendants.
COMES NOW, PLAINTIFF, ______________, a minor, by and through her Guardian Ad Litem, DIANE CORIGLIANO, and for causes of action against defendants, allege as follows:
GENERAL ALLEGATIONS
Plaintiff and her Guardian Ad Litem are, and at all times mentioned were, residents of the State of California, within the County of Orange, City of Newport Coast. At all times mentioned, Defendant, "85 CAFE U.S.", was, and still is, a business entity, form unknown, with its principal place of business located at 2700 Alton Parkway, Suite # 123 Irvine, CA, 92606, County of Orange, State of California.
At all times mentioned, Defendant, "850 C CAFE AND BAKERY", was, and still is, a business entity, form unknown, with its principal place of business located at 2700 Alton Parkway,Suite # 123,Cityof'Irvine,State ofCalifornia,zipcode92606,withinthe County ofOrange.
4. Plaintiffis informed and believes, and thereby alleges that Defendants, DOES 1 through 100, and each ofthem, inclusive, were and are individuals, partnerships, corporations, and/or business entities, qualified and/or authorized to do business in the State ofCalifornia and were at all times herein mentioned, doing business within the State ofCalifornia, in the County ofOrange. The true names and/or capacities, whether individual, corporate associate, governmental or otherwise of Defendant DOES 1 through 100, inclusive and each of them are unknown to the Plaintiffs, who thereforesuesaidDefendantsbysuchfictitiousnames. Whenthetruenamesand/orcapacities ofsaid Defendants are ascertained. Plaintiffs will seek leave of this Court to amend the complaint accordingly.
5. Plaintiffis informed and believes, and thereby alleges that each Defendant designated herein as a DOE was responsible, negligently or in some other actionable manner, for the events and happenings herein referred to which proximately caused the damages to Plaintiff as hereinafter alleged,eitherthroughsaidDefendant'sownnegligenceorthrough theconductofitsagents,servants, employees or representatives in some other manner.
6. Plaintiffis informed and believes, and thereby alleges that at all times mentioned herein 26 the Defendants, and each of them, inclusive, were the agents, servants, employees, representatives and/or joint venturers of their co-Defendants and were as such acting within the course, scope and 28 authority of said agency, services, employment, representation and/or joint venture in that each and every Defendant, as aforesaid, when acting as principal, was negligent in the selection and hiring of ach and every other Defendant as an agent, servant, employee, representative and/or joint venturer.
7. Plaintiffis informed and believes, and thereby alleges that at all times mentioned herein eachoftheDefendants,includingDefendantDOES 1through 100, inclusive,andeach ofthem, were the agents, servants, employees, representatives ofeach ofthe remaining Defendants and were at all times material hereto acting within the authorized course and scope of said agency, service, BAKERY, and DOES 1 through 100, and each ofthem, inclusive, were, and still are, engaged in the ownership, corporation, control, licensing, marketing, direction, maintenance, and/or management, of restaurants and food-selling establishments, as well as the construction, manufacture, and design ofsuch establishments,aswellasthe manufacture, processing, development, and creation offoodand beverages including, but not limited to, heated coffee and tea beverages.
9. At all times mentioned herein, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each of them, inclusive, were, and still are, individuals and/or business entities involved in the manufacture, supplying, retailing, labeling, wholesaling, distributing,and/ormarketing ofthevariousproductssetforth hereinafter,whichshall bedeemedto include, but not be limited to, coffee, tea, coffee cups, tea cups, cup-holders, cup-lids, and/or similar devices which products and/or appliances, were and still are, utilized in the processing, manufacture, marketing and creation of coffee, tea, coffee cups, tea cups, cup holders, and cup lids, as well as related products, and the appliances utilized to manufacture, market and distribute the foregoing.
10. Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES I through 26 100, and each of them, inclusive, manufactured, designed, installed, utilized, created, assembled, marketed and furnished each and every appliance, instrumentality and product utilized in the manufacture, marketing and distribution ofthe hot beverages mentioned in this complaint, including, but not limited to, the hot beverage supplied to the Plaintiffas hereinafter alleged as well as each and every product and instrumentality utilized in the manufacture of said beverage.
11. On March 13,2010, Plaintiff, ______________, through no fault or want of care on her part, sustained general and special damages, including, but not limited to, severe and disfiguring burns, severe emotional distress, past and future economic losses, and sustained other injuries and damages while lawfully in possession of a hot beverage produced, brewed, heated, manufactured, distributed, delivered, marketed and served by Defendants, 85 CAFE U.S.; 85°C CAFE AND BAKERY,andDOES 1through100,andeach ofthem,inclusive,whenthe hotbeveragemade contact with the skin ofPlaintiff, ______________.
FIRST CAUSE OF ACTION NEGLIGENCE
(Against All Defendants)
12. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs 15 1 through 11 above, and incorporates the same by reference as though fully set forth herein.
13. Plaintiff is informed and believes and thereon alleges that at all times relevant up to the present time, including, but not limited to, March 13, 2010, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES I through 100, and each ofthem, inclusive, were, and still are, in the business ofowning, operating, franchising, managing, and maintaining restaurant establishments in Orange County and throughout the world.
14. Plaintiff is informed and believes and thereon alleges that at all times relevant up to the present time, including, but not limited to, March 13, 2010, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES I through 100, and each ofthem, inclusive, still are inthe business of manufacturing,distributing,creating,sellingandprovidinghotbeverages,including,butnotlimited 26 to, hot coffee and hot tea to persons in the Orange County area as well as to persons throughout the world.
15. Plaintiff is informed and believes and thereon alleges that at all times relevant up to 4 the present time, including, but not limited to, March 13,2010, Defendants, 85 CAFE U.S.; 85° C 2 CAFE AND BAKERY, and DOES 1 through 100, and each ofthem, inclusive, were, and still are, in 3 the business of manufacturing, distributing, selling, wholesaling, retailing and assembling hot beverage makers, hot coffee, hot tea, coffee cups, tea cups, cup lids and cup holders and that such products are used in the State of California, County of Orange and throughout the world.
16. On or about March 13, 2010, Plaintiff, MIA CORlGLIANO, lawfully came into possession ofa hot beverage purchased for valuable consideration, at which time she was caused to sustain severe burns to her person, due to exposure to said beverage when the liquid beverage contacted her skin, causing second and third degree burns to large portions ofher torso, pelvis and legs requiring medical treatment.
17. Said beverage was manufactured, sold, distributed and provided by the Defendants, 85CAFEU.S.; 85°C CAFEANDBAKERY,andDOES 1through 100, and eachofthem, inclusive, and was provided in a cup and heated by and through instrumentalities, appliances, and other products manufactured, designed, assembled and provided by the Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each of them, inclusive.
18. All ofthe Defendants, including, but not limited to, one or more DOE Defendants, and each of them, inclusive, were careless, reckless, and negligent in brewing the beverage to an 19 unreasonable temperature.
19. All ofthe Defendants, including, but not limited to, one or more DOE Defendants, and each of them, inclusive, were careless, reckless, and negligent in serving the beverage at an unreasonable temperature.
20. All ofthe Defendants, including, but not limited to, one or more DOE Defendants, and each of them, inclusive, were careless, reckless, and negligent in serving the beverage without 26 appropriate spill protection and/or lack of spill protection on the cup.
21. All ofthe Defendants, including, but not limited to, one or more DOE Defendants, 28 and each of them, inclusive, were careless, reckless, and negligent in serving the beverage without COMPLAINT FOR DAMAGES appropriate warnings ofthe unreasonably hot temperature and without warnings ofthe inappropriate spill protection and/or lack ofspill protection on the cup.
22. By reason of the foregoing, the Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100 and each ofthem, inclusive, breached their respective duties of care to Plaintiff, ______________, as a business concern and as persons and/or entities who managed, controlled, maintained, and supervised the restaurant employees and hot beverages being served to the public.
23. Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each of them, inclusive, so negligently and carelessly, brewed, heated, assembled, manufactured, poured, packaged and served said beverage, and provided inadequate warnings about the unreasonable temperature and inadequate packaging ofsaid beverage, so that the beverage was a defective and dangerous product, unsafe for the respective use and purpose for which it was intended when used as recommended or for reasonably foreseeable misuse.
24. At all times mentioned, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES1through100,andeach ofthem,inclusive,knew,orinthe exercise ofreasonablecareshould have known, that the beverage served to Plaintiffand/or her guardians, and was not properly brewed, heated, assembled, manufactured, poured, packaged and served and provided inadequate warnings for the use and purpose for which it was intended in that it was likely to injure and burn the persons who handled the beverage.
25. As a direct result of the aforementioned Defendants' wrongful actions and inactions, Plaintiff, ______________, was caused to sustain severe injuries and damages, including, but not limited to, severe and disfiguring second and third degree burns to her torso, pelvis and legs, both physical and emotional injury, and has required medical care and attention, together with pain and suffering, medical and other bills, all to Plaintiffs great damage in a sum in excess of the minimum jurisdiction ofthis Court and not yet fully ascertainable. Further, because Defendants', and each oftheir, inclusive's, wrongful actions and inactions were with a conscious disregardfor the
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health and safety ofothers, including Plaintiff, that Plaintiffis entitled to exemplary damages in a sum sufficient to punish and deter such future wrongful conduct in the future.
SECOND CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Against All Defendants)
26. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs 1 through 25 above, and incorporates the same by reference as though fully set forth herein.
27. Plaintiffsufferedseriousemotionaldistressasa resultoftheseriousinjuriesandbums she sustained as a result of the negligence of Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each of them, inclusive.
28. As described above, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each ofthem, inclusive, negligently caused the serious injuries to Plaintiff by reason ofthe unreasonabletemperature andimproperpackagingandimpropernoticeofthedangers ofthe liquid beverage, which was caused by reason of Defendants' breach of their duties of care to properly brew, heat, assemble, manufacture, pour, package and serve the beverage.
29. At all times mentioned, Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES I through 100, and each ofthem, inclusive, knew, or in the exercise ofreasonable care should have known, that the beverage served to Plaintiffand/or her guardians, and was not properly brewed, heated, assembled, manufactured, poured, packaged and served and provided inadequate warnings for the use and purpose for which it was intended in that it was likely to injure and burn the persons who handled the beverage.
30. Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1through 100, and each ofthem, inclusive, so negligently and carelessly, brewed, heated, assembled, manufactured, poured, packaged and served said beverage, and provided inadequate warnings about the unreasonable temperature of said beverage and inadequate packaging, so that the beverage was a defective and dangerous product, unsafe for the respective use and purpose for which it was intended when used as recommended or for reasonably foreseeable misuse.
31. In particular, the dangerous and unsafe temperature and packaging which Defendants, 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, and each of them, inclusive, knew and were aware would burn Plaintiffand which caused Plaintiffsevere injuries.
32. As a direct and legal result of the Defendants', 85 CAFE U.S.; 85° C CAFE AND BAKERY, and DOES 1 through 100, inclusive, and each of their negligence, carelessness, and unlawfulconductand the dangerousness ofthe beverage,Plaintiff suffered serious emotional distress, including but not limited to suffering, anguish, fright, horror, nervousness, grief, anxiety, worry shock, humiliation, and shame, such that an ordinary, reasonable person would be unable to cope with the serious emotional distress. WHEREFORE, Plaintiffprays forjudgment against Defendants, and each ofthem, as follows:
1. For special and economic damages including, medical expenses, and loss of past and future earnings and earning capacity, according to proof at trial;
2. For general damages including damages for emotional distress and suffering;
3. For prejudgment interest, as determined by and accrued according to applicable statutes;
4. For costs of suit incurred herein; and
5. For any other and further relief the Court deems just and proper.
6. Exemplary and punitive damages. DATED: September 16, 2010
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SARAH C. SERPA, ESQ. Attorneys for Plaintiff
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