Coffee Burn Law

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
FOURTH JUDICIAL DISTRICT AT FAIRBANKS

RACHEL HARTMANN, ) PLAINTIFF )
VS. )
McDONALD’S COPORATION ) DEFENDANT ) )
Superior Court No. 4FA-10-1223-CI

DEFEENDANT’S MEMORANDUM IN SUPPORT OF
SUMMARY JUDGMENT The defendant, McDonald Corporation, submits the following memorandum in support of its motion for summary judgment. There is no genuine issue of material fact in this case and the defendant is entitled to judgment as a matter of law.
FACTS
The following facts have been established during discovery in this case and are not disputed by the parties. On July 13, 2009, the plaintiff, Rachel Hartmann, purchased an Egg McMuffin and a cup of coffee from the McDonald’s restaurant on Geist Road in Fairbanks Alaska. She remained in her vehicle and received the products from a McDonald’s employee at the drive-through window of the restaurant. The employee did not warn Hartmann that the coffee she was being served was very hot.
It was served in a Styrofoam cup with a plastic lid so that Hartmann did not observe any steam arising from the coffee. There was no warning on the cup or plastic lid cautioning the product was hot. Hartmann’s vehicle did not have a device to hold the cup of coffee so she held it in her left hand as she drove away from the restaurant. After she drove her vehicle onto the roadway, Hartmann attempted to lift the plastic lid off of the Styrofoam cup, still in her left hand, by pushing the lid up with her left thumb. In the process, the lid suddenly came off the cup and a large quantity of the coffee spilled onto Hartmann’s left thigh. Since it was a hot Juy day, she was wearing shorts which left a portion of her leg above the knee exposed. As a result, most of the coffee fell