McDonald's sued by man who claims coffee burns in drive-through purchase

Kyle Barnett Aug. 20, 2012, 12:00am

GRETNA – A Jefferson Parish man is suing a local fast food establishment for injuries he claims to have received from coffee burns.

Barry J. Triche filed suit against McDonald's Restaurants of Louisina in the 24th Judicial District Court on July 19.

Triche claims he was a customer in the drive-through at the McDonald's located at 6401 Airline Hwy. in Metairie when he ordered and received three large cups of coffee through the drive-through window. The plaintiff alleges the lids to the coffee cups were not sealed, the coffee cups were not properly placed in a drink holder when it was handed to him and the temperature of the coffee inside the cups exceeded the rules and regulations of the restaurant. Triche asserts that as he was being served the coffees when they tipped over and spilled on him resulting in first, second and third degree burns and disfigurment to his right foot, right ankle and groin.

The defendant is accused of serving scalding coffee through a drive-through window without properly seating the cups or securing the lids, failing to post proper warnings, failing to advise the plaintiff of the coffee's temperature, heating the coffee to an unsafe temperature in violation of their own policies and procedures, failing to establish proper procedures for serving scalding coffee to patrons and failing to train McDonald's employees on appropriate procedure for serving coffee through the drive-through window.

An unspecified amount in damages is sought for severe bodily injury, medical expenses, pain and suffering, mental anguish, inability to to engage in certain social activities, disfigurement and loss of enjoyment of life.

Triche is represented by Lisa A. Montgomery of New Orleans-based Kingsmill Riess, LLC.

The case has been assigned to Division D Judge Robert M. Murphy.

Case no. 717-241.

More News