Woman sues Hardee's, claims tea burned her

September 13, 1992|By Jay Apperson | Jay Apperson,Staff Writer

A Baltimore woman is suing the Hardee's fast-food chain, claiming the tea it sold her was a "defective product" -- that is, so hot it burned her leg.

Stephanie Washington-Bey charges Hardee's with failing to label her cup with a warning that the brew she bought Jan. 24 at the Hardee's at 2000 N. Howard St. was scalding hot, according to a $150,000 suit she filed Wednesday in Circuit Court.

"The plaintiff took the tea to her car and, as she took a sip, it was so hot that it burned her lips, causing her to spill it on her leg," the suit states.

"The tea which was prepared and sold by Hardee's was defective and unreasonably dangerous at the time of its sale in that the extreme temperature of the tea constituted an extreme and unreasonable risk of causing severe injury."

In the suit, Ms. Washington-Bey says the hot tea inflicted second-degree burns that left her left leg permanently scarred.

She charges Hardee's Food Systems Inc. with negligence and breach of implied warranty and asks for unspecified medical expenses and lost wages.

Leonard C. Redmond III, a Baltimore attorney who filed the suit on Ms. Washington-Bey's behalf, said, "I don't know exactly what the temperature of the tea was. It may have been superheated.

"I confess that the theory on which I'm filing is a rather novel one," Mr. Redmond added.

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