Facts

Plaintiff Claudia Ortiz, 40, sustained second degree burns when she was purchasing a medium size cup of coffee through the drive through of a McDonald's restaurant.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the lid on the medium size coffee was not securely fastened prior to it being handed to her.

DEFENDANT'S CONTENTIONS: Defendant denied any wrongdoing.

Insurer

CNA

Settlement Discussions

Plaintiff made a CCP 998 demand of $50,000 in February 2019. Defendant made a CCP 998 offer of $50,000 in August 2019.

Injuries

Plaintiff suffered second degree burns in the groin area.

Result

The jury returned a verdict in favor of plaintiff for $145,000, which comprised of $125,000 in past non-economic damages, and $20,000 in future non-economic. The jury also found that plaintiff was 25 percent at fault.

Deliberation

1.5 hour

Poll

9-3 (negligence); 10-2 (damages); 12-0 (comparative fault)

Length

three days