Expert Witness Success Story: 12–0 Verdict
We often field questions about the role of an expert witness in hot beverage spill burn litigation. While no two court cases are the same, there are often some general similarities. To paint a picture of what our work entails, we’re here to share a success story from a recent lawsuit that illustrates the process and highlights how an expert witness can bolster your case and protect your business from spill burn litigation.
Montemayor V. Chick-Fil-A
In 2018, we were hired to consult and provide expert witness services in a case where the customer spilled coffee in her lap, burning her inner thigh, after safely receiving her drive-thru order and driving away.
Like many of the cases we take, this case ultimately boiled down to the temperature of the beverage—the plaintiff asserted that her coffee was served too hot.
With four decades of experience in the science of brewing coffee and tea, we were able to provide expert testimony into the ideal temperature required to brew a cup of coffee that reliably extracts the flavors customers have come to expect without over extracting compounds that would make it taste bitter or astringent. This temperature is in the range of 195–205°F (90.5–96.1°C), which is hot enough to scald on contact with skin.
In reality, if restaurants and coffee shops brewed or served coffee at a temperature cool enough to prevent burns, the resulting flavor would render it such that no one would want to drink it.
In addition, we emphasized that hot coffee isn’t meant to be gulped down. It’s meant to be sampled in small, exploratory sips. While there’s an ideal temperature for brewing coffee, there’s no one right temperature to drink it at. Small sips allow each consumer to determine their individual preference for drinking—whether right away or letting it cool.
Ultimately, we presented evidence that coffee (hot coffee, as opposed to cold brew or iced coffee) must be brewed and served hot. Assuming safe serving practices and no defects in the cup or lid, once the customer has securely taken hold of the beverage, it’s out of the restaurant’s control. The consumer takes on the responsibility for safely handling and enjoying it to the last drop.
In this case, the jury reached a decision quickly. Though spill burn lawsuits are generally civil cases and not criminal cases, and do not require a unanimous decision, this jury returned a 12-0 verdict for the defense.
Hiring a consultant pre-trial
The vast majority of spill burn litigation is settled out of court. But when a plaintiff is requesting an exorbitant sum, or in cases where a brand believes that they are in the right and are willing to spend the money to defend themselves from a bogus case, a defendant has a strong reason not to settle.
Whether or not yours will be among the small percentage of cases that go to trial, hiring a consultant who can serve as an expert witness only strengthens it. We don’t work for the plaintiff or the defendant: we work for the legal team representing them, on behalf of the facts. As consultants, our role often includes significant testing of equipment, cups, and lids, as well as a preliminary report that testifies to the facts. In practice, when one side knows the other has brought on an expert whose testimony would bolster their case, it can encourage settlement.
Sweet Success
Coffee is our lifeblood. Hell, we’ve been in the business so long it may even be running through our veins. There’s little that is more satisfying than applying years of knowledge of the science and best practices of brewing wherever it is needed.
If you’ve got a case you’d like to chat about, don’t hesitate to call us at (802) 799-2235 or drop us a line at dan@handlinghotbeverages.com.
