Hot water spill leads to lawsuit against Popeye's

John Suayan, Galveston Bureau May 22, 2012, 3:32am

Joseph Terry of Terry & Thweatt

GALVESTON - First there was the highly publicized hot coffee lawsuit against McDonald's. Now there's a suit involving a hot water spill against Popeye's.

Local resident Brandon Kirksey is suing CCC Restaurant Enterprises LLC and one of its employees after he reportedly spilled hot water on himself at a Texas City Popeye's last month.

According to a lawsuit filed May 11 in Galveston County Court at Law No. 2, Popeye's employee Autumn Renee Mata gave Kirksey a paper cup with wax lining containing hot water during the plaintiff's visit April 13.

Kirksey intended to use the water to clean his infant son's pacifier.

He says the cup gave way to the water's temperature and the alleged incident occurred.

"As the plaintiff was walking back to his table, the cup collapsed due to the temperature of the water thereby spilling hot water on his body causing third degree burns," the original petition states.

The suit says the defendants either knew or should have known "that serving hot water in a paper cup with wax lining posed an unreasonable danger to guests."

It additionally blames CCC for hiring "an incompetent or unfit employee" in Mata, asserting it failed to provide the worker proper training and instructions.

Kirksey consequently sues for medical care and expenses, physical pain and suffering, physical impairment, disfigurement and mental anguish.

He also seeks a jury trial.

The plaintiff is represented by Terry & Thweatt P.C.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 67,477

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