ARCO Coffee Spill Case

Davis v. Kong Marketing LLC, Multnomah County Case No. 18CV17220

Plaintiff Davis was a customer at an ARCO gas station and convenience store operated by Defendant Kong Marketing. She placed her own coffee mug and coffee into Defendant’s microwave to warm it up as she made another purchase.  The microwave was situated on top of another display which made the microwave over five feet from the floor.  As Davis removed her coffee it tipped over causing the hot liquid to spill on her chest.  Davis claimed that the hot liquid caused her second-degree burns and permanent scarring.  She claimed that Kong Marketing was negligent for failing to locate the microwave in a safe location.  She sought $4,000.00 for past medical expenses and $75,000.00 for non-economic damages.

Defendant Kong Marketing denied liability and alleged that Davis used the microwave top heat her coffee without authorization and negligently spilled the coffee on herself.

Plaintiff’s Counsel – Richard Sohler     

Defense Counsel – Sheila Cieslik

Verdict – Defense Verdict (51% fault attributed to Plaintiff)

Date –May 29, 2019

June 19, 2019

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