HOUSTON — A woman claims a hot cup of coffee with unsecured lid handed to her at a McDonald's drive thru caused her injuries.
Indalia Custodia filed a complaint Nov. 1 in Harris County Disrict Court against H.K. Smith Management Inc., doing business as McDonald's Restaurant #26850 alleging negligence.
Custodia was at the drive thru window of the McDonald's on North Sam Houston Parkway in Houston on March 3, 2020, according to her suit. She claims that the McDonald's employee at the window handed her a hot cup of coffee with a lid that was not properly secured which caused "scolding hot liquid" to spill on her and cause her injuries.
Custodia alleges the defendant's negligence for preparing and packaging a dangerous hot liquid, packaging the coffee in an inadequate container and for failing to warn her of the risk of burning or melting of the carry out containers.
She also claims McDonald's failed to properly train and oversee its employees and that as a result of the incident, she suffered physical disability, disfigurement, impairment and incurred medical expenses.
Custodia seeks monetary relief of up to $250,000, interest, trial by jury and all other just relief. She is represented by William Mejia, Daniel Johnson and Juan Garcia of Johnson Garcia LLP in Houston.
Harris County District Court case number 2021-71766