PHILADELPHIA (Legal Newsline) - A Philadelphia woman who claims she became burned by a hot cup of coffee at local Burger King is suing the fast food giant in state court.
Linwood, N.J., attorney Richard A. Stoloff filed the personal injury claim Feb. 8 at Philadelphia's Common Pleas Court on behalf of Claire Schein, who claims she became injured after hot coffee splashed on her while going through a drive-thru at the Burger King at 2550 Welsh Road in Northeast Philadelphia.
The incident, which occurred on Feb. 14, 2010, was the fault of the fast food employee who handed the plaintiff the cup through the drive-thru window, the lawsuit claims.
The lid had not been properly placed on the cup, causing the hot coffee to spill on Schein, the suit alleges.
"Defendants should have taken reasonable measures to properly place and secure the lid to the coffee cup, to ensure it was reasonably safe and should have inspected the coffee cup and lid prior to handing same over to Plaintiff to ensure that it would not dislodge and come off, exposing Plaintiff to burning hot coffee," the lawsuit states.
"The above accident resulted solely from the negligence and carelessness of the Defendants and was due in no manner whatsoever to the acts or failure to act on the part of the Plaintiff."
The lawsuit claims that Schein suffered burns to her left leg and right hand, together with shock and injury to her nerves and nervous system.
The complaint alleges that Schein has endured great pain and suffering, discomfort, embarrassment and mental anguish.
The incident has also affected her ability to enjoy the pleasures of life, the suit alleges, and caused Schein to incur various medical and other financial expenses.
Schein seeks compensatory damages in an amount less than $50,000, together with interest and attorneys fees.
Last year, personal injury attorney Susan Saladoff debuted a film that chronicled the famous hot coffee lawsuit filed against McDonald's that was mocked on an episode of "Seinfeld."
The lawsuit was filed in New Mexico in 1994 and alleged the serving temperature of McDonald's coffee was too high. Stella Liebeck spilled the coffee on herself, leaving her with third-degree burns in her pelvic region.