Skip to comments.UC Grad Sues In-N-Out Burger Over Injuries from Hot Coffee Burns
Posted on 05/23/2014 12:58:58 PM PDT by nickcarraway
A University of California at Berkeley graduate sued the fast food chain In-N-Out Burger Thursday over injuries suffered when she was badly burned by a spilled cup of hot coffee last year and an employee allegedly refused to call for an ambulance.
The lawsuit filed in Alameda County Superior Court by Hedy Chen is based on legal claims of negligence and failure to come to her aid.
Chen, who graduated from UC last year, says in the lawsuit that the incident happened when she and a friend stopped an In-N-Out drive-through restaurant in Oakland on April 1, 2013.
The lawsuit says she ordered a cup of coffee and that an employee handed her an "excessively hot" beverage in a paper cup without a protective sleeve. The cup was so hot that Chen could not hold it and she dropped it onto her abdomen and thighs, which caused her to suffer excruciating pain, the lawsuit alleges.
The suit alleges she asked the employee to call 911, but the worker refused, purportedly saying that she was forbidden to do so because it was against company policy to call 911.
Police Looking For Shotgun Bandit with Mohawk Haircut Chen claims the employee then gave her a bag of ice, which, according to the lawsuit, is a poor treatment for burns and can exacerbate scarring.
Chen sustained first- and second-degree burns, spent three days in a hospital and has permanent scars, according to the lawsuit.
"It's amazing that they would refuse to call 911, and then give her ice treatment which makes it worse," Chen's lawyer, Kirk Boyd, said in a statement.
The lawsuit asks for financial compensation for the injuries in an amount to be determined by a jury.
Woman in Coma Gives Birth to Healthy Baby Boy Arnie Wensinger, an executive vice president for the Irvine-based In-N-Out Burgers declined to comment on the lawsuit, but noted that "all In-N-Out Burger Associates are authorized to assist our customers and to call 911 in emergency situations."
In-N-Out operates in California and the southwestern United States.
Wouldn’t you be proud if your baby boy was a VP?
really. the employee could hold it fine but she couldn’t huh? maybe the employee had gloves on. great coffee at inandout.
btw, have eaten there since i was a boy, and the mom and pop founders were God fearing people. great company. love inandout.
I love it when OP’s hijack their own thread.
Did the Healthy Baby Boy have a Mohawk Haircut?
And, of course, neither she nor anybody else in the restaurant had any way to place a call for help.
If this jackass’ lawsuit leads to a price increase on a Double Double there’s going to be hell to pay!
is based on legal claims of negligence and failure to come to her aid.
We are required by law to come to another persons aid?
Would love to see that law in writing...............
I wonder if this ever happens at a Star Bucks COFFEE joint?
Can’t find a job. File a lawsuit. That is America today.
Or get on disability .
There are a lot of questionables in this case. If the employee could hand it to her without the sleeve, then why couldn’t the customer? And how in the world is it against company policy to not call 911? I have serious doubts about both of these. Does In n Out have video coverage showing the event? I have a feeling it will show a different story.
Who goes to In and Out Burger and orders a cup of Coffee?
I didn’t even realize they served Coffee there.
I was just about to post the same thing. Maybe I'll go to Starbucks and get a double-double.
Paging Jackie Chiles.........
There’s tort actions, and then there’s klutz actions.
I’ve got some serious questions about this. Three days in the hospital for spilling coffee on herself? Permanent scarring from first and second degree burns? I’ve scalded myself to the point of blistering more than once and kept working, and I have no scars to show for it.
Lawsuit lotto is what I think.
in and out ping
I didn’t know In’n’Out served torts.
There are at least a couple of ways to hold a cup of coffee in a disposable cup to minimize contact with the hot water.
But, if you pick it up by wrapping your hand/fingers around the body of the cup, it will be too hot. And if someone handed her the cup, it's likely how she accepted it.
Also, some people are just more sensitive to heat than others.
I didn’t know American law applied in Oakland.
I expected to read that the idjit turned the cup over to see the Bible reference...
“I didnt know InnOut served torts.”
They don’t. They served a “Tart” who in turn filed a tort.
Google the McDonald’s coffee lawsuit burns.
Ice is fine for burns. They should NEVER have taken In’n’Out Burgers to northern California. They do not deserve our FINE food from down here - they already think we are lower forms of life, even tho most of the tax money in the state comes from So Cal.
STUPID STUPID GIRL. Don’t pour coffee on your leg. Don’t hold it between your legs.
Wait, you went to Berkeley and you are saying they are stupid?
My first guess was Santa Cruz, second, Berkeley. I was close.
"Lord, I asked for a Doctor!" < / jewish mother>
Yeah, but you guys drink our water which comes to you from north Calif.
P.S. I didn't know they had coffee either. I usually order a chocolate shake with my Double Double.
I remember that case from back then. A recent college graduate, at the age of 20-something, shouldn’t be burned as badly by hot coffee as an 80+ year old woman, and I thought that the McDonald’s lawsuit was pretty much bogus, too. Coffee should be hot. Don’t spill it in your lap.
Looking for a way to scam the system.....I thought Cal Berkeley had smarter folks than that....oh wait no I didn’t
The fact that they are letting the jury decide on $$$. I would opine that they are looking for a quick settlement from I & O. I would not give her and her lawyers a dime. 3 days in a hospital, Bull!
All that money for a college degree, and he lever learned that coffee was hot? Which BTW, is something most first graders should know.
If my coffee is served too cold as a result...I’m going to sue.
Maybe she should sue UC Berkeley for not making her smarter.
Did you Google the pics?
There was a time I would have agreed. Now I'm not so sure. A friend and his girlfriend picked up some pho soup and it spilled all over his lap, groin, legs, penis. 2nd and 3rd degree burns. In the hospital for days. Skin grafts were considered. Apparently the soup was crazy hot.
if what your saying is true, then, knowing inandout, the employee in question was trained exactly on that. inandout is a class organization, top to bottom. in my experience, they sweat the smallest stuff; they wouldn’t over look that big a detail.
I was in the very good Music Department.
“Second and third degree burns” is not the same as first and second degree. Second degree burns are to the stage of blistering, and I just can’t see three days in the hospital for that, not for the area that could be scalded by a single cup of coffee.
Sorry about your friend, and I hope he recovered completely. I always thought scalds from liquids were about the most painful burns, except maybe steam burns.
No, why would I? It was a completely different case from the In-and-Out thing, so I’m not going to Google pictures of that or any other burn injuries. I’m not contesting the fact that it is possible to get severely burned by hot coffee, just questioning whether second degree burns over a limited area rate three days in the hospital.
The cool thing about Berkeley is - they don’t make you sign a ‘statement of faith’ - i.e. that you have to be a lib just because there are a lot of those that make the news these days. Otherwise it would just be guilt by association, wouldn’t it?
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