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Dreitzer Clears Luxury Hotel-Casino from Negligence Claims

September 17, 2013

Richard Dreitzer (Partner-Las Vegas) was granted his motion for summary judgment, dismissing a general liability/negligence action against a luxury hotel-casino located on the Las Vegas Strip. The case was venued in the Eighth Judicial District Court.

The plaintiff purchased a cup of coffee in the coffee shop on the hotel’s premises. While mixing in cream and sugar, the coffee spilled causing blistering and moderate burns on his left hand. The plaintiff insisted that the cup was “soft, like wet paper and collapsed,” allowing the hot coffee to spill, and that the coffee was unreasonably hot when served.  The plaintiff sued for negligence and related claims arising from his injury.

The defendant moved for summary judgment, arguing that no breach of duty had occurred since coffee is a hot substance and is usually brewed and served at a temperature hot enough to burn. This fact, coupled with warnings that the plaintiff received, both written on the cup and verbally from the barista who served the coffee, led the court to grant the defendant's motion claiming that no genuine issues of material fact remained.

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