Successful Result in Commercial Restaurant Burn Case

Corey Kraushaar and Jim Smart secured a defense verdict on a negligence claim and reduced fault on a premises liability claim at trial in Clay County, Missouri, in a case in which the plaintiff suffered severe burns in a restaurant kitchen. The plaintiff requested $800,000 after a fryer, that was missing a rear wheel and was propped up by a pan he could not see, tipped and spilled hot oil on him at the defendant’s restaurant. The plaintiff also alleged the defendant’s cook bumped the fryer, causing the fryer to come off the pan and spill the hot oil. The plaintiff also alleged that the cook told him the fryer was turned off and ready for repair work. The plaintiff worked for the repair company that had been hired by the defendant restaurant to perform the service work at the restaurant. The defendant restaurant alleged that the plaintiff failed to check the oil temperature before working. They received a defense verdict on the negligence claim. The jury awarded $400,000 and found the plaintiff 75% at fault, for a net verdict of only $100,000 on the premises liability claim submitted to the jury.  There is also a pending motion to reduce the $100,000 verdict by the amount of the plaintiff’s settlement on the morning of trial with another co-defendant.