Holowaty v. McDonald's, Corp.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ SUMMARY JUDGMENT MOTION

TUNHEIM, District Judge.

In this diversity case, plaintiff Rosalind Holowaty seeks to recover for injuries she sustained when a cup of coffee purchased at a McDonald’s restaurant spilled in her lap. Mrs. Holowaty and her husband Boris brought this action against McRick, Inc., the owner of the restaurant where they purchased the coffee, and McDonald’s Corporation, the franchisor. Plaintiffs claim that the coffee was defective because it was excessively hot and that defendants did not adequately warn plaintiffs that severe…