Deakin v. Putt

OPINION

SUTIN, Judge.

Plaintiff sued defendant for damages arising out of an injury sustained in defendant’s cafe. While defendant was pouring plaintiff a cup of hot coffee from a glass coffee pot, the bottom of the pot broke spilling hot coffee in plaintiff’s lap. Plaintiff relied upon the doctrine of res ipsa loquitur. Summary judgment was granted defendant and plaintiff appeals. We reverse.

To make a prima facie case, defendant had the burden of establishing as a matter of law that (1) the coffee pot was not in defendant’s exclusive control, and (2) this accident does not ordinarily happen in…