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Personal Injury
Premises Liability
Failure to Warn

Sherley Lee, Individually and as Legal Guardian for Lauren Fung, a Minor v. HM Islamic Inc. dba Darda Seafood Restaurant

Published: Jan. 30, 2016 | Result Date: Sep. 21, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2014-1-CV-273213 Settlement –  $250,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Dawn Marie Ceizler
(Law Offices of Dawn M. Ceizler)


Defendant

Paul S. Sheng
(Office of the San Mateo County Counsel)


Facts

Shirley Lee, 37, sued Darda Seafood Restaurant in Milpitas after she and her daughter Lauren Fung, 8, were burned by hot water at the restaurant.

Contentions

PLAINTIFF'S CONTENTIONS:
Lee contended that defendant was negligent because a waiter placed a teapot with hot water on a lazy susan at their table but failed to warn them about the hot water, causing a dangerous condition. Lee further contended that she and her daughter suffered burns after her six-year-old son spun the lazy susan, causing it to spill its contents on the thighs and groins of Lee and Fung.

DEFENDANT'S CONTENTIONS:
Defendant contended that Lee's husband was negligent for failing to supervise his son.

Injuries

Lee and Fung claimed second-degree burns over approximately six percent of their bodies.

Result

The parties settled for $250,000. Lee received $175,000 and Fung received $75,000.

Other Information

FILING DATE: Nov. 13, 2014.


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