Schmitt v. Carl Meyer's Hof, Inc.

Order unanimously affirmed, without costs, in accordance with the following memorandum: Plaintiff seeks $800,000 damages for injuries allegedly sustained while a patron of defendant’s restaurant when defendant’s employee spilled hot water on his leg. Reacting to the hot water, plaintiff instinctively jumped up, and thus he sustained not only a burn on his leg from the hot water but also, it is alleged, a “herniated disc”, a “heart condition” and other serious and permanent injuries. Upon deposing plaintiff before trial, defendant learned that plaintiff had sustained other injuries to his back…