Vineland
man sues Dunkin' store over spill of 'scalding' hot
coffee
VINELAND
- A local man has sued a Dunkin' store here,
contending he was severely burned when an employee
spilled his "scalding coffee" onto his lap.
Leonard
Allen claims he suffered second-degree burns in the
Aug. 25, 2020, incident at a doughnut shop on the 700
block of Chestnut Avenue.
But
the store's operator, Vineland Donuts Inc., has
denied liability and asserts its worker was not
negligent.
A
separate but similar suit against Wawa ended last year
with a $3-million settlement for a young burn victim
and her mother.
The
Wawa suit alleged a clerk caused a cup of hot tea to
spill onto a preschool girl at a convenience store in
Neptune, Monmouth County. The child suffered second-
and third-degree burns over her upper body in the
April 2018 incident.
Wawa
and its insurer did not admit liability under the
settlement.
In
the current suit, Vineland Donuts has asserted
multiple defenses against Allen's claim, including a
claim that the spill resulted from "an
unavoidable act insofar as the defendant is concerned
and was the direct result of an Act of God."
The
lawsuit says Allen ordered a medium coffee at the
store's drive-through window and that an employee
caused the cup's contents to spill onto him.
It
alleges the employee "failed to secure the cup
and lid of the beverage … and was otherwise
negligent."
The
hot beverage caused "immediate and agonizing pain
to (Allen's) thigh and groin area," says the
suit, filed by attorney Durann
Neil in Atlantic County Superior Court.
The
suit seeks unspecified damages from Vineland
Donuts, claiming the business "served their
coffee in a Styrofoam cup at an extreme temperature
beyond human consumption."
It
also names the unidentified donut-shop worker as
a defendant.
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