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UC Grad Sues In-N-Out Burger Over Injuries from Hot Coffee Burns
NBC Bay Area ^

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.


TOPICS: Business/Economy; Food
KEYWORDS:

1 posted on 05/23/2014 12:58:58 PM PDT by nickcarraway
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To: nickcarraway
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.

Ummmm......What???

2 posted on 05/23/2014 1:02:04 PM PDT by airborne (My heroes don't wear capes - My heroes wear dog tags!)
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To: nickcarraway
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."

Too funny!!

3 posted on 05/23/2014 1:03:05 PM PDT by airborne (My heroes don't wear capes - My heroes wear dog tags!)
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To: airborne

Wouldn’t you be proud if your baby boy was a VP?


4 posted on 05/23/2014 1:04:37 PM PDT by nickcarraway
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To: nickcarraway

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.


5 posted on 05/23/2014 1:08:23 PM PDT by dadfly
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To: airborne

I love it when OP’s hijack their own thread.

Did the Healthy Baby Boy have a Mohawk Haircut?


6 posted on 05/23/2014 1:11:58 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: nickcarraway

And, of course, neither she nor anybody else in the restaurant had any way to place a call for help.

Sheesh.


7 posted on 05/23/2014 1:15:24 PM PDT by Sherman Logan
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To: nickcarraway

If this jackass’ lawsuit leads to a price increase on a Double Double there’s going to be hell to pay!


8 posted on 05/23/2014 1:17:38 PM PDT by SoCal Pubbie
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To: nickcarraway

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...............


9 posted on 05/23/2014 1:25:07 PM PDT by SECURE AMERICA (I am an American - Not a Republican or a Democrat.)
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To: nickcarraway

I wonder if this ever happens at a Star Bucks COFFEE joint?


10 posted on 05/23/2014 1:25:35 PM PDT by Mark (Obama Care is now DEMOCRAT CARE)
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To: nickcarraway

Can’t find a job. File a lawsuit. That is America today.


11 posted on 05/23/2014 1:26:07 PM PDT by mulligan (I)
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To: mulligan

Or get on disability .


12 posted on 05/23/2014 1:36:52 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: nickcarraway

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.


13 posted on 05/23/2014 1:39:28 PM PDT by Marko413
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To: nickcarraway

Who goes to In and Out Burger and orders a cup of Coffee?

I didn’t even realize they served Coffee there.


14 posted on 05/23/2014 1:43:32 PM PDT by Kickass Conservative (If Cancer were Contagious, they would call it Liberalism...)
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To: Kickass Conservative
Who goes to In and Out Burger and orders a cup of Coffee?

I was just about to post the same thing. Maybe I'll go to Starbucks and get a double-double.

15 posted on 05/23/2014 1:48:44 PM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: nickcarraway

TORT REFORM!!!!


16 posted on 05/23/2014 1:51:09 PM PDT by Ben Mugged (The number one enemy of liberalism is reality.)
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To: nickcarraway

Paging Jackie Chiles.........


17 posted on 05/23/2014 1:53:41 PM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: nickcarraway

There’s tort actions, and then there’s klutz actions.


18 posted on 05/23/2014 1:59:22 PM PDT by ArmstedFragg (Hoaxey Dopey Changey)
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To: nickcarraway

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.


19 posted on 05/23/2014 2:01:36 PM PDT by HartleyMBaldwin
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To: null and void

in and out ping


20 posted on 05/23/2014 2:03:48 PM PDT by Shimmer1 (The love that dare not speak its name is now the love that will not shut its *bleeping* mouth)
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To: ArmstedFragg

I didn’t know In’n’Out served torts.


21 posted on 05/23/2014 2:09:28 PM PDT by nickcarraway
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To: dadfly
eally. the employee could hold it fine but she couldn’t huh? maybe the employee had gloves on.

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.

22 posted on 05/23/2014 2:10:01 PM PDT by justlurking (tagline removed, as demanded by Admin Moderator)
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To: nickcarraway

I didn’t know American law applied in Oakland.


23 posted on 05/23/2014 2:10:52 PM PDT by kaehurowing (FIGHT BULLYING, UNINSTALL FIREFOX)
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To: Shimmer1

I expected to read that the idjit turned the cup over to see the Bible reference...


24 posted on 05/23/2014 2:11:37 PM PDT by null and void (When was the last time you heard anyone say: "It's a free country"?)
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To: nickcarraway

“I didn’t know In’n’Out served torts.”

They don’t. They served a “Tart” who in turn filed a tort.


25 posted on 05/23/2014 2:15:30 PM PDT by Stormdog (A rifle transforms one from subject to Citizen)
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To: HartleyMBaldwin

Google the McDonald’s coffee lawsuit burns.


26 posted on 05/23/2014 2:22:12 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: nickcarraway

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.


27 posted on 05/23/2014 2:35:59 PM PDT by bboop (does not suffer fools gladly)
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To: bboop

Wait, you went to Berkeley and you are saying they are stupid?


28 posted on 05/23/2014 2:39:31 PM PDT by nickcarraway
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To: nickcarraway

My first guess was Santa Cruz, second, Berkeley. I was close.


29 posted on 05/23/2014 2:43:15 PM PDT by Fungi
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To: nickcarraway
Wouldn’t you be proud if your baby boy was a VP?

"Lord, I asked for a Doctor!" < / jewish mother>

30 posted on 05/23/2014 2:49:13 PM PDT by Tijeras_Slim
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To: bboop
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.

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.

31 posted on 05/23/2014 2:51:34 PM PDT by Inyo-Mono (NRA)
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To: goodwithagun

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.


32 posted on 05/23/2014 3:02:24 PM PDT by HartleyMBaldwin
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To: nickcarraway
Woman in Coma Gives Birth to Healthy Baby Boy Arnie Wensinger, an executive vice president for the Irvine-based In-N-Out Burgers...

What?!
Who writes this stuff? Who proofreads it?
Two obvious cut and paste errors? How many more are there?

33 posted on 05/23/2014 3:07:59 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: nickcarraway

Looking for a way to scam the system.....I thought Cal Berkeley had smarter folks than that....oh wait no I didn’t


34 posted on 05/23/2014 3:22:39 PM PDT by Nifster
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To: HartleyMBaldwin

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!


35 posted on 05/23/2014 3:54:21 PM PDT by dirtymac (Now is the time for all good men to come to the aid of their country)
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To: nickcarraway

All that money for a college degree, and he lever learned that coffee was hot? Which BTW, is something most first graders should know.


36 posted on 05/23/2014 4:05:44 PM PDT by AFreeBird
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To: nickcarraway

If my coffee is served too cold as a result...I’m going to sue.


37 posted on 05/23/2014 4:11:29 PM PDT by SamAdams76
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To: nickcarraway

Maybe she should sue UC Berkeley for not making her smarter.


38 posted on 05/23/2014 4:20:49 PM PDT by LibWhacker
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To: HartleyMBaldwin

Did you Google the pics?


39 posted on 05/23/2014 4:29:56 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: HartleyMBaldwin
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.

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.

40 posted on 05/23/2014 4:48:50 PM PDT by Lizavetta
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To: justlurking

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.


41 posted on 05/23/2014 5:03:03 PM PDT by dadfly
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To: nickcarraway

I was in the very good Music Department.


42 posted on 05/23/2014 8:56:44 PM PDT by bboop (does not suffer fools gladly)
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To: Lizavetta

“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.


43 posted on 05/24/2014 4:56:02 AM PDT by HartleyMBaldwin
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To: goodwithagun

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.


44 posted on 05/24/2014 5:11:00 AM PDT by HartleyMBaldwin
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To: bboop

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?


45 posted on 05/24/2014 6:33:17 AM PDT by bboop (does not suffer fools gladly)
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