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A Dunkin’ Donuts franchise owner has agreed to pay $3 million to a customer who suffered third-degree burns after the company’s coffee spilled on her. Golden Donuts, LLC, the Atlanta franchisee, entered into the agreement to settle allegations of active and gross negligence. Its parent company, Dunkin’ Donuts, was not named in the lawsuit.

Back in February 2021, plaintiff, Alpana Joshi, who was 70 years old at the time, had purchased a coffee from Golden Donuts through its drive-thru window. After she was passed the coffee cup, the lid came off and the hot coffee spilled onto her lap, causing second and third-degree burns to her thighs, groin, and abdomen. According to her attorney, she required extensive skin grafts and had to spend weeks in the burn unit of a hospital, costing her $200,000 in medical bills. Due to the severity of her burns, the plaintiff had to re-learn how to walk. Walking remains painful for her and she must treat her burns with creams frequently throughout the day. She also cannot go out in the sun.

Represented by Benjamin J. Welch of the law firm Morgan & Morgan, the plaintiff filed a lawsuit against Golden Donut, alleging that the spill occurred because the drive-thru employee failed to properly secure the lids on the plaintiff’s coffee cup. The complaint in Alpana Joshi v. Golden Donuts LLC, 22-C-02023-S1, filed in the State Court of Gwinnett County, Georgia, alleged that Golden Donuts was vicariously liable for the negligence of its employees.

Dunkin' Franchisee Will Pay $3M Over Spilled Coffee

The jury sided with Maria Jose Pizarro on claims that Pizarro faced a hostile work environment and employment discrimination during her job as a manager of Euros El Tina, a New York City Nightclub

What Happened in the Case

Pizarro began working at Euros El Tina Restaurant Lounge and Billiards Corp as a general manager in 2010. She served as general manager of the club until she was fired in November 2019.

Ex-Club Worker Nabs $2.7M Jury Win In Harassment Suit

An insurer asked a New York federal court to relieve it of covering a $16.5 million judgment awarded against a community development consultant after an employee's fatal fall in a wrongful death suit, stating they were notified nine years after filing of the 2014 US Southern District of New York lawsuit, "Philadelphia Indemnity Insurance Co. v. South Bronx Overall Economic Development Corporation, d/b/a SoBro et al." case number 1:23-cv-04101, in the U.S. District Court for the Southern District of New York.

In the complaint Philadelphia Indemnity Insurance Co. said it was deprived of the opportunity to investigate and defend the underlying suit brought against its insureds, South Bronx Overall Economic Development Corporation (SoBro), and Bufny II Associates LP, so coverage does not apply.

In Philadelphia Co.'s commercial general liability and commercial excess liability policies, SoBro is required to notify the insurer as soon as possible if a claim arises, according to the suit. The complaint alleges that the underlying suit was filed in 2014, but Philadelphia Co. wasn't notified until nine years later.

Insurer Wants Out Of $16M Award For Worker's Fatal Fall

What Happened?

On November 11, 2017, plaintiff Francis Amagasu (age 58) and his son, Katsutoshi, were traveling in Buckingham Township, Pennsylvania when the plaintiff attempted to maneuver around another vehicle and lost control of his 1992 Mitsubishi 3000GT. The car drove off the roadway and rolled over. During the rollover, the plaintiff became partially ejected from his seat, despite wearing his seatbelt. As a result, he sustained injuries to his spine, neck, head, and other parts of his body, rendering him paralyzed from the neck down. Plaintiff lives in a rehabilitation facility and is unable to resume his day-to-day life due to the severity of his injuries.

The plaintiff’s wife, acting on his behalf as his power of attorney, brought a lawsuit against Mitsubishi under theories of negligence and strict liability. The complaint alleged that the vehicle was defective and unreasonably dangerous in that its structures were not adequate to protect its passengers from rollovers and that it did not contain a proper restraint system, seats, seatbelts, or steering system, among other claims. The complaint also alleged that the vehicle failed to meet all applicable and reasonable safety standards and failed to warn consumers of its dangerousness. The plaintiff asserted that the actions of Mitsubishi constituted willful and wanton misconduct in disregard of safety.

Mitsubishi Hit With $980M Verdict In PA Crash Suit

The Firm

A Minnesota personal injury firm with experience in catastrophic brain damage cases represented the family of a young boy thrown over a railing at a large shopping mall. The boy’s mother, the child, and a young friend had gone to the mall for a little celebration after a nice preschool parent-teacher conference. The fun, festive afternoon quickly turned into a nightmare.

Out of the blue, a stranger grabbed the boy and hurled him over a third-floor balcony where he landed on the tile floor below. The troubled man who did this had been banished from the mall for earlier problems. Yet somehow, he was allowed in on that fateful day.

Pediatric Neuropsychologist Couldn’t Have Been More Perfect for a Family’s Confidential Personal Injury Case

What Happened?

The air conditioners, which were manufactured by Royal Sovereign International, Inc., were sold throughout BJ's retail stores. Between 2011 and 2012, BJ's sold 1,778 units of these portable air conditioners, 509 of which were returned to the store. In August 2016, one of its units was involved in a house fire in Smithtown, New York. Although a mother and her two children were rescued from the fire, the mother ultimately succumbed to smoke-related injuries and passed away. BJ's learned of the fire no later than March 2017, after receiving a claim letter from retained counsel for the anticipated wrongful death and personal injury claims, but failed to issue any recall at the time. It was not until March 2021 that BJ's issued a notice to its consumers that the air conditioners did not meet their safety standards and "out of an abundance of caution" advised consumers to stop using the product immediately.

On December 22, 2021, Royal Sovereign and the Consumer Product Safety Commission issued a joint announcement recalling 33,570 air conditioners. As the recall explained, a faulty drain motor in the air conditioners could ignore the plastic enclosure in the unit, posing fire and burn hazards and the risk of serious injury or death. At the time, Royal Sovereign was aware of eleven reports of the air conditioners catching fire or smoking, resulting in over $1 million in property damage as well as the injuries suffered to the Smithtown, New York family. The recall advised consumers to immediately stop using the air conditioners, unplug the unit, and follow instructions for properly severing the electrical cord in order to render the product unusable, warning that failure to unplug the unit could result in shock, electrocution, or death. The recall cited several model numbers that were sold in BJ's and other retailers, such as Amazon.com, Sears, Costco, Home Depot, and Best Buy, nationwide between March 2008 and August 2014. The units cost about $290 and were manufactured in China. Consumers were offered a pro-rated refund depending on the age of the product.

Insights Categories

Dunkin' Franchisee Will Pay $3M Over Spilled Coffee

Ex-Club Worker Nabs $2.7M Jury Win In Harassment Suit

Insurer Wants Out Of $16M Award For Worker's Fatal Fall

Mitsubishi Hit With $980M Verdict In PA Crash Suit

Pediatric Neuropsychologist Couldn’t Have Been More Perfect for a Family’s Confidential Personal Injury Case

BJ's To Pay $9M For Not Reporting AC Death