ORLANDO — A motorist who allegedly bought a cup of hot coffee with the plastic lid not properly attached at a McDonald's in Florida has filed a lawsuit against Summerwind Foods Inc., claiming the spilled java disabled, disfigured and scarred her.
Easlyn Labeach filed the complaint on Sept. 12, in the 9th Judicial Circuit Court of Florida - Orange County, alleging that the drive-thru restaurant operator breached its duty to exercise reasonable care for her safety.
Labeach alleges that on Oct. 6, 2014, she visited the defendant's McDonald's restaurant in Ocoee to buy a cup of coffee at the drive-thru window. As she sat in her car, the hot coffee allegedly spilled on her.
She claims to have suffered pain, disability, disfigurement and scarring. She alleges that she has required medical, nursing and hospital care, along with the expenses for treatment.
The plaintiff holds Summerwind Foods Inc. responsible, because the drive-through window employee allegedly handed her a hot cup of coffee with a plastic lid that was not properly attached or was defective, and did not warn her about the danger.
The plaintiff requests a trial by jury and seeks damages of more than $15,000, exclusive of interest, costs and attorney's fees. She is represented by Steven E. Earle of Morgan & Morgan in Jacksonville.
9th Judicial Circuit Court of Florida - Orange County Case number 18CA009933