PHILADELPHIA – According to court records, a Philadelphia man who sued Wawa for negligence after having been burned by its coffee products voluntarily discontinued his case.
Per a filing from plaintiff Joshua Lord on Dec. 31, it asked that the Court enter a resolution of voluntary discontinuance of his case without prejudice. This came after the scheduling of an arbitration hearing and deposition in the case, neither of which were completed.
On April 10, 2018 Joshua Lord of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas versus Wawa, Inc. of Bensalem.
“On or about Feb. 28, 2018, at approximately 1:20 p.m., while on defendants’ premises, plaintiff was caused to be burned by hot coffee, causing serious and permanent personal injuries on account of which this action is brought,” the suit stated.
Per the litigation, Lord said Wawa was responsible for “failure to properly secure and/or repair the loose nozzle on the coffee dispenser," “failure to regard the rights, safety and position of the plaintiff in and about the area of the aforementioned accident” and “failure to provide adequate safeguards to prevent the injury to plaintiff," among a list of other charges.
As a result, Lord alleged he suffered various serious and permanent personal injuries, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions, plus emotional injuries.
Prior to discontinuance and for a count of negligence, the plaintiff was seeking damages not in excess of $50,000, plus all costs and other relief this Court deems necessary.
The plaintiff was represented by Marc I. Simon of Simon & Simon, in Philadelphia.
The defendant was represented by Gerard X. Smith of Naulty Scaricamazza & McDevitt, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180401378
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com