A Texas resident has filed a lawsuit against a popular fast-food chain, alleging severe injuries from an incident involving scalding hot coffee. Ricky Atamah filed the complaint in Harris County District Court on August 28, 2024, naming Whataburger Restaurants LLC and an unidentified employee as defendants.
According to the court documents, the incident occurred on June 23, 2023, at a Whataburger drive-thru located at 28315 Tomball Parkway in Tomball, Texas. Atamah claims that while he was being handed his coffee by a Whataburger employee identified only as John Doe, the lid came off and spilled the excessively hot beverage onto his groin, waist, inner thighs, and legs. The plaintiff suffered third-degree burns and required immediate medical attention at a burn unit.
Atamah's lawsuit accuses both Whataburger and its employee of negligence. He alleges that the coffee was served at an "unreasonably dangerous and high level of heat," which directly led to his severe injuries. The plaintiff contends that had the coffee been served at a reasonable temperature or with proper safety measures such as using a drink carrier, the incident could have been avoided. "The acts and/or omissions by Defendant...constitute gross negligence," reads part of the complaint.
The plaintiff is seeking damages for physical pain, mental anguish, medical expenses both past and future, physical impairment and disfigurement, lost wages, loss of future earning capacity, and exemplary damages. Atamah is demanding monetary relief exceeding one million dollars ($1,000,000) along with pre-judgment and post-judgment interest.
Representing Ricky Atamah is attorney Michael Kagramanian from Thomas J. Henry Injury Attorneys. The case has been assigned to Judge Gerardo Perez in Harris County District Court under Case ID 2024-57299.