Woman sues Dunkin' Donuts over spilled hot cider

Feb. 25, 2014 at 4:58 PM
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BELLEVILLE, N.J., Feb. 25 (UPI) -- A New Jersey woman has sued Dunkin' Donuts, claiming a cup of hot apple cider she spilled in her lap in September 2012 was excessively hot.

The suit, filed Feb. 11 by Jennifer Fragoso, 24, claims the drink, served at a Belleville, N.J., Dunkin' Donuts location, was hot "beyond industry standards" and the cup's lid "was not properly secured." The complaint adds the cider caused second- and third-degree burns, and permanent injuries, to Fragoso's legs.

The suit follows Burn Awareness Week in the United States and comes 20 years after McDonald's was sued after a customer spilled hot coffee in her lap. Advocates of tort reform argue that case was an example of frivolous litigation.

Amos Gern, Fragoso's attorney, told ABC News Tuesday his client's lawsuit is not frivolous. The temperature of the cider, he said is the issue.

"You can't get third degree-burns unless it's too hot for consumption," he said.

He added Dunkin' Donuts has not yet responded to the suit.

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