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Greene v. Boddie-Noell Enterprises, Inc.

966 F. Supp. 416 (1997)

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Greene v. Boddie-Noell Enterprises, Inc.

United States District Court for the Western District of Virginia
966 F. Supp. 416 (1997)

  • Written by Tammy Boggs, JD

Facts

Katherine Greene (plaintiff) was the front-seat passenger in a car driven by her boyfriend, Chris Blevins, when he purchased food and drinks from a fast-food restaurant’s drive-through window. Blevins received the ordered items out of the window and immediately handed them to Greene. Greene placed a plate of food on her lap and held a drink in each of her hands. Greene’s drink was a hot coffee, contained in a Styrofoam cup with a lid on top. As Blevins drove out of the parking lot, the car went in and out of a “bad dip.” As the car went across the dip, coffee splashed out on Greene, burning her legs. Upon being burned, Greene threw the food and drink to the floor and inadvertently stepped on the coffee cup, damaging it. The lid was partially off the cup by then. Greene suffered burn injuries and required treatment. Greene could not recall whether the lid was fully attached to the coffee cup when she received it, but she believed that the lid was not on properly because it came off too easily. Greene sued the coffee seller, Boddie-Noell Enterprises, Inc. (Boddie) (defendant) claiming a breach of the implied warranty of merchantability. Greene argued that the coffee was not fit for consumption due to its heat and improperly attached cup lid. Boddie moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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