Martinelli v. Custom Accessories, Inc.
Superior Court of Massachusetts
14 Mass. L. Rptr. 601 (2002)
Relevant factsFree
Lynda Martinelli (plaintiff) bought a cup of hot coffee from Dunkin' Donuts and accidentally spilled it on herself, suffering burns; she sued the franchisor, the franchisee, and Custom Accessories, Inc. (defendant), the manufacturer of the cup and lid, for negligence and failure to warn. The franchisor and franchisee moved for summary judgment.
IssueFree
Whether, to maintain a negligence claim based on the temperature of a product meant to be served hot, a plaintiff must offer evidence that the product was hotter than it should have been.
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