Facts

On Oct. 19, 2005, plaintiff was a passenger on a Northwest Airlines 757 traveling between Los Angeles and Minneapolis. She was seated in a window seat on the crowded aircraft. During the beverage service she was served a cup of coffee in a styrafoam cup, which she placed on her tray. Her pillow had slipped between the seats and the passenger behind her handed it back to her.

As she was reaching for it, she knocked the coffee cup and spilled hot coffee into her lap. A flight attendant gave her some napkins to wipe it up, but offered no immediate medical attention. Plaintiff went to the lavatory to tend to the burn and was ultimately given an ice pack by the flight attendants.

Upon landing in Minneapolis she was taken to the hospital and diagnosed with third degree burns to the inner thigh of her right leg. A skin graft operation followed.

PLAINTIFF'S CONTENTIONS:
The coffee should have been served at a cooler temperature when it was known that beverage spills often occur. Alternatively, lids should have been provided with the cups, as is commonly done at coffee shops where there is no turbulence or the potential that a fellow passenger could knock into the drink. Plaintiff also contended the first aid treatment provided by the flight attendants was insufficient.

DEFENDANT'S CONTENTIONS:
The coffee was brewed and served at a temperature consistent with industry standards. Lids are not provided on the airlines. The medical treatment provided was appropriate.

Injuries

Third degree burn to right inner thigh. Medical expenses approximately $40,000, with an additional $30,000 for scar revision surgery.

Result

Settlement, $147,500.