Disney tourist wins $668,000 for hot coffee spilled in lap

Dean[AU]

Dean[AU]

New Member
Original Poster
A tourist from South Florida who had a pot of 180-degree coffee spilled into his lap while at a Disney character breakfast has been awarded $668,000 by an Orange County jury, the man's lawyer said Wednesday.

The pot fell off a tray carried at shoulder height by a waitress at the Polynesian Resort's Ohana Feast. The three-day civil trial before Orange Circuit Judge William C. Gridley showed coffee was not supposed to be carried that way, Miami lawyer John Elliott Leighton said.

Andrew Allocco, 33, was visiting Disney two years ago with his wife, Elizabeth, and their 2-year-old daughter when the incident took place. Testimony showed Allocco suffered extensive blistering as well as pigmentation changes to his (thingos) and groin from the upended 28-ounce pot of coffee on Oct. 7, 2001.

The award last week included $50,000 for future medical care and $100,000 to Allocco's wife for "loss of consortium."

"Disney claimed my client had been planning the lawsuit from the moment the incident happened," Leighton said. "He wanted a jury to decide if he was exaggerating."

Orlando lawyer Kurt M. Spengler, who represented Disney, could not be reached for comment Wednesday.

Allocco, a former police officer, holds Federal Aviation Administration fixed-wing and helicopter licenses but has been unable to fly since the accident. A prescribed drug he takes for nerve pain is prohibited for pilots.

The country's best-known lawsuit over spilled coffee resulted in a $2.9 million award against McDonald's restaurants in 1994. The award to an Albuquerque, N.M., woman was reduced on appeal to $480,000 and then settled out of court.

http://www.orlandosentinel.com/busi...sep11,0,3334332.story?coll=orl-home-headlines
 
goofyfordisney

goofyfordisney

Member
When I first read the post I said "oh god, not another moron trying to make money every chance he gets.

But after reading I said "Thats all they gave him?"

This guy deserves more than the McDonalds woman.

Why would you carry a pot on a tray?

ANd ouch! Out of all places.

Poor Guy. I bet he didn't enjoy the rest of his vacation :lookaroun
 
prberk

prberk

Well-Known Member
Still a mistake, an unfortunate and perhaps preventable one, but still a mistake. The size of the award is bigger than the McDonald's one and is still excessive. Only that big because it was against a big business, Disney or not.

Shouldn't have happened, but waiters have often carried pots on a tray. Just not the smartest thing to do, unless you hold the tray with both sides as you walk. Even carrying coffee the normal way (by the handle) can be dangerous in a character breakfast, kid-friendly environment. I guess we should consider just stopping character breakfasts altogether, since they get the kids riled up and, you know, brush by the waiters. A dangerous environment waiting to happen.

In fact, maybe we should stop letting people rent the water mice, because there is danger when people misbehave and cross the wakes.... In fact, if it ever happens and someone is injured, Disney should be sued for providing the environment....

In fact.... everyone should always get a million dollars, just in case anyone gets hurt by accident at the parks or hotels, you know, all the distractions and human error all around....

I am sorry. Accidents happen (and risky mistakes are made), but excessive awards don't help.....

Some compansation is due (including some for pain and suffering), but not hundreds of thousands of dollars (unless actual costs go that high) in cases like this.
 
Snapper Bean

Snapper Bean

Active Member
Originally posted by prberk
Still a mistake, an unfortunate and perhaps preventable one, but still a mistake. The size of the award is bigger than the McDonald's one and is still excessive. Only that big because it was against a big business, Disney or not.

Shouldn't have happened, but waiters have often carried pots on a tray. Just not the smartest thing to do, unless you hold the tray with both sides as you walk. Even carrying coffee the normal way (by the handle) can be dangerous in a character breakfast, kid-friendly environment. I guess we should consider just stopping character breakfasts altogether, since they get the kids riled up and, you know, brush by the waiters. A dangerous environment waiting to happen.

In fact, maybe we should stop letting people rent the water mice, because there is danger when people misbehave and cross the wakes.... In fact, if it ever happens and someone is injured, Disney should be sued for providing the environment....

In fact.... everyone should always get a million dollars, just in case anyone gets hurt by accident at the parks or hotels, you know, all the distractions and human error all around....

I am sorry. Accidents happen (and risky mistakes are made), but excessive awards don't help.....

Some compansation is due (including some for pain and suffering), but not hundreds of thousands of dollars (unless actual costs go that high) in cases like this.
Click to expand...

Let me see if I've got this straight. A 33 year old guy takes 180 degree coffee to the groin. As a result he apparently, can't have relations with his wife (that's what the consortium claim is) is still taking pain medication 2 years later and your defense is the "accidents happens" defense. If you ask me Disney got off very easy on this one. Thankfully, 12 jurors who heard all the facts disagreed with you. Disney can order its business as it sees fit - this guy was just sitting there eating his breakfast as a paid guess of the multibillion dollar company. Finally, I have absolutely no doubt that actual costs DO go into the hundreds of thousands of dollars in this case.

Frankly, I think Disney's point that the victim was planning the lawsuit from the moment of the incident is disgraceful. You're supposed to....that's why they have statutes of limitation.
 
prberk

prberk

Well-Known Member
Before this gets out of hand, please let me clarify...

Not saying he shouldn't have been regularly compensated, just that the award seemed excessive and disproportionate to what might have happened if any other waitress or waiter at any other, small, family-owned restaurant had done it.

If my comments were too flip, I apologize. I just think that it is awards like this, especially when publicized, that make so many companies bend over backward to take away ALL possible risks... and with it some of the humanity and much of the fun.

It just begs more and more rules and regulations... that ultimately hurt some other things.

And it is not unusual for waiters to bring both decaf and regular on a tray. They just have to be more careful. Just may be better to make two trips, as most do, or hold two pots.
 
goofyfordisney

goofyfordisney

Member
Carrying a pot of coffee at shoulder height, no matter if its disney or a small family owned restaruant should not be allowed. It should be a restaurant policy.

I am not one to instigate a law suit!

I will actually do anything I can to avoid one, even if its in my favor, however

Lawsuits make things happen. I bet you now, there will be a Disney-wide Policy to NEVER CARRY A POT THIS WAY.

and Just like FIDO said, maybe it could have spilled on a kid. All over their face. This lawsuit will avoid that, or at least decrease the chances of it ever happening again.
(just my thoughts)
 
Lovecraft

Lovecraft

Member
There probably was already a policy to not carry a pot this way.

$100,000 for "lack of consortium" ? Yeah right, sure this guy was a 100K "Lay".

--Lovecraft
 
J

JEDI1138

New Member
Well I guess it does seem like alot , but don't forget that the POOR struggling lawyer is only going to get about a third of that amount.
 

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom