PITTSBURGH – A Pittsburgh couple alleges that a local café’s tea was manufactured and marketed defectively, due to its excessive heat and an accompanying lack of warnings, leading to their two-year-old son being burned severely when he came into contact with it.
Benjamin Antin and Rachel Antin (as parents and natural guardians of A.A., a minor, and in their own right) filed suit in the Allegheny County Court of Common Pleas on May 26 versus Commonplace Coffee Company, Inc. All parties are of Pittsburgh.
“On March 20, 2019, mother-plaintiff entered defendant’s shop with minor-plaintiff and ordered tea. Mother-plaintiff’s cup of tea suddenly, and without warning, tipped over and spilled onto minor-plaintiff, causing minor-plaintiff serious injuries,” the suit says.
“As a direct and proximate result of the negligence and carelessness of defendant, minor plaintiff sustained the following injuries, some or all of which may be permanent: a) Second degree burns to his right shoulder, chest, and abdomen; b) Permanent scarring of his right shoulder, chest, and abdomen; c) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and nervousness, emotional tension, anxiety and depression.”
The suit continues that the minor-plaintiff suffered a litany of serious injuries.
“As a direct and proximate result of the negligence and carelessness of defendant, minor plaintiff has suffered the following damages, some or all of which are or may be continuing: a) Great pain, suffering, inconvenience, embarrassment, mental anguish, and emotional and psychological trauma; b) He has been required to expend large sums of money for medical treatment and care, hospitalization, medical supplies, surgical appliances, rehabilitation and therapeutic treatment, medicines, and other attendant services; c) Lost earnings, and minor plaintiff's earning capacity has been reduced and may be permanently impaired; d) Inability to enjoy various pleasures of life that were previously enjoyed; and e) Loss and impairment of general health, strength and vitality,” the suit states.
For counts of negligence, strict products liability and breach of warranty, the plaintiffs are seeking compensatory damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiffs are represented by Chad P. Shannon of Friday & Cox, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-006669
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com