Trial Magazine

Hadley DeRuyver, 9 months, was with her two brothers and their nanny at the Omni La Costa Resort & Spa. A waiter placed a pot of hot coffee within Hadley’s reach at the edge of a table. She reached for the coffee pot, which spilled onto her, causing her to suffer first-, second-, and third-degree burns. She underwent multiple surgeries, including skin grafts, and will require additional procedures as she grows. Now 3, she has permanent scarring. Her medical expenses totaled nearly $441,400. Hadley’s siblings suffered emotional distress from witnessing the incident.

Hadley and her siblings, through their guardian, sued Omni La Costa Resort, alleging its waiter negligently placed the coffee pot within Hadley’s reach. Suit also alleged that the defendant should have used non-spill coffee pots and that the coffee was unreasonably hot.

The jury awarded $6.5 million. The award includes $879,000 for emotional distress.

Citation: DeRuyver v. Omni La Costa Resort & Spa, No. 17-cv-00516-H-AGS (S.D. Cal. Mar. 21, 2019).

Plaintiff counsel: AAJ members John Gomez, Jessica Sizemore, and Kayla Lynk, all of San Diego.