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Thursday, 7 February 2013

Coffee Burn Law

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
FOURTH discriminatory DISTRICT AT FAIRBANKS

RACHEL HARTMANN, )
PLAINTIFF )
VS. )
McDONALDS COPORATION )
DEFENDANT )
)
quality Court No. 4FA-10-1223-CI

DEFEENDANTS MEMORANDUM IN adjudge OF
SUMMARY JUDGMENT
The defendant, McDonald Corporation, submits the following memorandum in bind of its motion for summary judgment. in that respect is no genuine out of material fact in this case and the defendant is empower to judgment as a matter of law.
FACTS
The following facts grant been established during disco very in this case and are not disputed by the parties.
On July 13, 2009, the plaintiff, Rachel Hartmann, purchased an Egg McMuffin and a cup of coffee from the McDonalds restaurant on Geist Road in Fairbanks Alaska. She remained in her vehicle and received the products from a McDonalds employee at the drive-through window of the restaurant. The employee did not warn Hartmann that the coffee she was being served was very hot.

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It was served in a Styrofoam cup with a charge plate chapeau so that Hartmann did not observe any steam arising from the coffee. There was no warning on the cup or charge card hat cautioning the product was hot.
Hartmanns vehicle did not engage a device to hold the cup of coffee so she held it in her left hand as she drove off from the restaurant. After she drove her vehicle onto the roadway, Hartmann attempted to lift the plastic lid off of the Styrofoam cup, still in her left hand, by pushing the lid up with her left thumb. In the process, the lid suddenly came off the cup and a large standard of the coffee spilled onto Hartmanns left thigh. Since it was a hot Juy day, she was eating away shorts which left a portion of her leg preceding(prenominal) the knee exposed. As a result, most of the coffee flee directly onto Hartmanns skin, causing severe third-degree burns.
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