Wendy’s sued by woman who claims disability after allegedly being burned by coffee

By Kyle Barnett | Jul 2, 2013

GRETNA – A fast food chain restaurant is being sued by a Jefferson Parish woman who claims she was injured when coffee spilled on her.

Elvia Legarreta filed suit against Wendy’s International in the 24th Judicial District Court on May 8.

Legarreta claims she purchased a cup of coffee from the Wendy’s located at 4226 W. Esplanade Ave. in Metairie and the lid was not securely in place on the cup and the hot coffee spilled on her. The plaintiff alleges she was injured in the incident.

The defendant is accused of serving hot coffee that was unreasonably hot and inherently dangerous, utilizing an unreasonably dangerous coffee cup to serve hot coffee, allowing an unreasonably dangerous condition to exist, failing to properly secure the coffee cup lid, failing to use care to provide adequate warning of the characteristics and dangers of the coffee, negligently serving hot coffee, serving hot coffee that was defective or unreasonably dangerous by being hotter than it should have been and serving coffee that was so hot it exceeded the reasonable or customary standards.

Damages in excess of $50,000 are sought for mental pain and suffering, physical pain and suffering, physical disability, medical expenses and loss of enjoyment of life.

Legarreta is represented by Ivan A. Orihuela of Kenner-based Riguer Silva LLC.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 726-772.

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