Gas station asserts woman is the one responsible for spilling coffee on herself

While pouring a cup of coffee at a convenience store, Amanda Cardoza spilled the hot beverage on herself – an action the store says was caused by her own negligence. 

Alleging the defendants failed to warn her about how hot the coffee was, Cardoza filed suit against TA Operating and TA Operating Texas on Dec. 21, 2012, in Jefferson County District Court.

Court records show that on Feb. 4 the defendants answered the suit, asserting a general denial and more.

“Defendants assert that the damages complained of by plaintiff were caused, if at all, by plaintiff’s own negligence,” the answer states.

According to the lawsuit, on Dec. 26, 2010, Cardoza was at the Petro Shopping Center pouring herself 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.

The defendants are represented by Bijan Siahatgar, attorney for the Houston law firm Strasburger & Price.

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

Case No. E193-735