Harris, Inc. v. Black

Stolz, Judge.

In this action by a customer against a restaurant operator for damages for injuries caused by the defendant’s employee’s allegedly having poured a pot of hot coffee over the plaintiffs back without provocation, the defendant appeals from the judgment on the verdict in the amounts of $3,000 compensatory damages and $8,000 exemplary damages and from the overruling of its motion for a new trial. Held:

l.The evidence as to how the plaintiffs injuries occurred is in conflict. The defendant’s sole witness, the employee allegedly causing the injuries, testified that the plaintiff and his…