Facts

On June 9, 2004, plaintiff Alec Logan Henry was staying with his family at an Embassy Suites Hotel in South San Francisco, California, owned by defendant DJONY/CMB SSF Leasing LLC (Embassy). Henry attempted to fill his cup with hot water from a dispenser manufactured by defendant FETCO, in the complementary breakfast area, when the water burned his hand and face. The water was heated at 200 degrees Fahrenheit. Henry filed suit for products liability, premises liability and negligence.

PLAINTIFF'S CONTENTIONS:
Henry contended that the hot water dispenser was defectively designed and manufactured, and the Embassy should have known and corrected the problem or provided warnings.

DEFENDANT'S CONTENTIONS:
FETCO and Embassy contended that there was no evidence of any problem with the dispenser and Henry had used the dispenser on two previous occasions without incident.

Settlement Discussions

Plaintiff's demand to FETCO was $100,000. FETCO made a C.C.P. section 998 offer of settlement for $5,001.

Damages

Henry claimed damages in the amount of $1,085.

Injuries

Henry suffered burns to his hands, arms, and face; loss of hand sensation, anxiety, and emotional distress. Henry's mother, plaintiff Carol Henry, suffered emotional distress.

Result

Henry settled with Embassy prior to trial for $8,000. The jury found for FETCO.

Other Information

FILING DATE: June 7, 2005.