According to Fox News on Friday, a Clovis, Calif. woman who sued McDonald's for negligence after hot coffee spilled on her lap and burned her will ask a Fresno County Superior Court jury to determine her damages, her lawyer said Thursday.
Fresno attorney Nicholas "Butch" Wagner, who represents 74-year-old Joan Fino, said settlement talks between her and McDonald's ended Thursday without an agreement.
Because the discussions were confidential, Wagner said he could not reveal how much money McDonald's had offered to end the lawsuit. He said Fino will present her case to a Fresno jury next year.
Fino sued McDonald's in Fresno County Superior Court "in excess of $2 million," contending she suffered second-degree burns to her groin area after coffee spilled on her lap at the drive-up window of McDonald's in Clovis at Alluvial and Temperance avenues in August 2012.
Fino says she’s had trouble sleeping since the incident in August 2012 because “the burning sensation doesn’t go away.”
A lawyer for McDonald’s could not be reached. But Wagner said he’s been in touch with McDonald’s in hopes of reaching a settlement.
In 1992, a similar case made national headlines. A New Mexico woman named Stella Liebeck, who said she was burned by McDonald’s coffee, was awarded $2.9 million.
Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drive through window of a local McDonalds. As she removed the lid of her coffee the driver of the car momentarily stopped, causing the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting.
Emily Sutherlin is also the Pregnancy Examiner.
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