Woman sues gas station for not warning that coffee was hot

David Yates Dec. 30, 2012, 10:24am

While serving herself a cup of coffee at a convenience store two years ago, Amanda Cardoza spilled the hot coffee on herself. 

On Dec. 21 she filed suit against TA Operating, and TA Operating Texas in Jefferson County District Court, alleging the defendants failed to warn her how hot the coffee was.

According to the lawsuit, on Dec. 26, 2010, Cardoza was at the Petro Shopping Center pouring her self a cup of coffee at the self-service area of the store.

“The coffee was so hot that the serving cups provided … were not adequately insulated to shield her hands,” the suit states, adding that she was unable to handle the heat, causing her to spill hot coffee all over herself.

“Defendants provided no warning regarding the extreme heat of the coffee, or notice that more than one cup sleeve should be used,” the suit states. “The scalding hot coffee presented an unreasonable risk of harm.”

Alleging the defendants acted with malice, Cardoza is seeking an award of exemplary and punitive damages.

She is also suing for her alleged past and future medical expenses, mental anguish, pain, impairment and disfigurement, plus all court costs.

Houston attorney Marc Kutner represents her.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-735

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