Child receives $28K settlement for spilling hot chocolate during Southwest flight

David Yates Apr. 25, 2012, 9:16am

Southwest Airlines will pay a child more than $28,000 for injuries he received when he spilled his hot chocolate during a flight.

Port Arthur resident Indria Rice, acting as next of friend of Jaylon Jackson, filed suit against Southwest on Oct. 11 in Jefferson County District Court, claiming it is the company's fault her son spilled hot chocolate on himself during a flight last August.

Court records show that a final judgment was entered in the case, stating that the parties had reached a settlement with Southwest agreeing to pay $28,601.26 into the court's registry as part of the minor's settlement proceeds.

An additional $1,500 was paid for a guardian ad litem fee.

The lawsuit alleged that on Aug. 20, 2010, Jackson was traveling to Houston on Southwest Airlines Flight 322 when he spilled a cup of hot chocolate on himself, allegedly resulting in a second-degree burn to his chest.

The suit did not list a single act of the negligence and only asserted that Southwest owed Jackson a "duty, which was breached, causing minor plaintiff Jaylon Jackson injury."

Beaumont attorney Kent Johns of Johns & Johns represents the plaintiffs.

Dallas attorney Katherine Staton of Jackson Walker represents the airline.

Judge Donald Floyd, 172nd District Court, presided over the case.

Case No. E191-165

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