GeRacos & GeRaGos, arc. Net South Figueroa Sect Los Angeles, California 90017-3411 Cok 4 Huagreg S © & ig” ORIGINAL FILED Superior GERAGOS & GERAGOS ounty of Los ana MAY 3°0 2014 aa sour Peron Sree 105 Arment (212) 6250000 oe five Oca ark Facsnuz (213) 625-1600 . oe BENJAMIN MEISELAS SBN 277412 " GREG KIRAKOSIAN _ SBN 294580 Attorneys for Plaintiff LYNNE GIPSON: psc, 1 17 131 2005 Trial: 11 13.0! 2015 osc: 05! 3.01 20M SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES LYNNE GIPSON, an individual, CASE NO.: BC547248 Plaintiff, ae COMPLAINT FOR DAMAGES: MCDONALD'S RESTAURANTS OF 1. NEGLIGENCE CALIFORNIA, INC: a California Corporation, and DOES 1- 20, inclusive. Defendants. DEMAND FOR JURY TRIAL ou a "29 we 23 ~ 24 neo) ® = 26 S a7 28 Plaintiff Lynne Gipson alleges as follows: INTRODUCTION 1. This case arises out of the serious burns that Plaintiff suffered because of the Inegligent manner in which McDonald’s Restaurants of California serves hot water and tea to its drive-through customers. Plaintiff Lynne Gipson was a drive-through PME Abshe IMcDonald’s in Los Angeles County, California. A cup of scalding hot watet iad ren [Plaintiff while she was in her vehicle. While the drive-through ata BoP mae Ipassed the cup to Plaintiff, the top of the cup immediately popped off." Ailing ee Sling water and causing second degree serious burns to Ms. Gipson’s thigh and stofhac. The =3 [product as served by McDonald's carries a significant risk of buming its consumers.grid there is no adequate warning of the unique harm presented by McDonald's process of Sarving its 88 Os lcustomers portable hot water. ae (COMPLAINT FOR DAMAGES,Ree a oy oot GENERAL ALLEGATIONS 2. Plaintiff, at all relevant times herein, was residing within the County of Los Angeles, State of California. 3. Defendant, at all relevant times herein, was a California Corporation operating several businesses in the County of Los Angeles, State of California. 4. The incident leading to the injuries to Plaintiff occurred in Los Angeles, within the jurisdiction of the Superior Court of the State of California, County of Los Angeles. 5. This Court has jurisdiction over the present matter because, as delineated within this complaint, the nature of the claims and amounts in controversy meet the requirements for jurisdiction in the Superior Court of Los Angeles County. 6. At all times herein mentioned, defendant McDonald’s Restaurants of |California, Inc. (“McDonald’s”), was a California Corporation operating several businesses in the County of Los Angeles, State of California. 7. Defendants DOES 1 through 20, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to Plaintiff at this time. When their true names and capacities are ascertained, Plaintiff will amend this complaint by inserting their true names and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that Plaintiff's damages as herein alleged were proximately caused by those defendants. Each reference in this complaint to “Defendant,” or “Defendants,” or a specifically named defendant refers also to all defendants sued under fictitious names. 8. Plaintiff is informed and believes, and thereby alleges that at all times mentioned herein each of the Defendants, including DOES 1 through 20, inclusive, and each of them, were the agents, servants, employees, representatives of each of the remaining Defendants and were at all times material hereto acting within the authorized course and scope of said agency, service, employment and/or representation, and/or that all of said acts, conduct and omissions were subsequently ratified by their respective principals and the benefits thereof accepted by such principals. -2- ‘COMPLAINT FOR DAMAGES:Geracos & Grracos, arc. pce (644 Sout F ‘Los Angeles, Cal mia 0017 3411 FACTUAL ALLEGATIONS 9. On June 2, 2012, Ms. Gipson entered the McDonald's drive-through at 5223 West Century Blvd., Los Angeles, California 90045. Ms. Gipson ordered some food items along with a cup of hot water. 10. The cup of hot water was passed to Ms. Gipson by the drive-through attendant. As Ms, Gipson grabbed the cup, the lid protecting Plaintiff immediately popped off causing the scalding hot water to spill onto her hand, stomach, and lap. Ms. Gipson yelled out in pain as a result of the hot water spilling upon her. The drive-through attendant stated that she was sorry because the cups were new and were “being tried out.” 11. Despite the incident and the obvious pain felt by Ms. Gipson, no employee of McDonald’s offered any assistance to Plaintiff. 12. After the incident, Ms. Gipson parked her car in McDonald’ parking lot until Plaintiff was able enough to drive. Ms. Gipson left McDonald’s still feeling intense pain from the bums caused by the hot water. Ms. Gipson arrived home and immediately put Neosporin ointment to prevent any infection and aid in healing the burns. 13. The following day, Ms. Gipson’s burns and pain began to worsen as the wound began to boil and tear. Ms. Gipson drove herself to her family physician to seek medical treatment. Ms. Gipson’s doctor informed her that she had sustained second degree bums to her thigh and stomach. Her doctor prescribed a special medicated paste to relieve the pain and prevent any further blistering and infection. 14. After Ms. Gipson was released from her doctor's care, she remained at home for several days for additional recuperation. Ms. Gipson movements were severely restricted as a result of the burns. Ms. Gipson felt a great deal of pain from the bumed areas for several months. Plaintiff still feels sensitivity in the burned areas, which are now scarred. Ms. Gipson has suffered further emotional injuries and embarrassment because of her physical injuries and scars, all while having to tolerate the pain and sensitivity from the burns. eae ‘COMPLAINT FOR DAMAGESroa Suet 50017 341 iB 5 Los Angeles, Cali Geracos & Geracos, arc. i4 South FIRST CAUSE OF ACTION Negligence Against All Defendants 15. Plaintiff repeats and realleges each of the allegations contained in the preceding paragraphs and incorporates the same as though fully set forth herein. 16. McDonald’s and DOES 1 through 20 had a duty of care to all foreseeable customers who order food and hot beverages at a take-out window to prevent a scenario in which the product as served could cause injury to them. Defendants’ obligation is to exercise due care in the preparation and service of food furnished to guests and is liable in damages for any breach of such duty. 17. Defendants breached the duty of care owed to Plaintiff because the product as served carries a significant risk of burning a customer and carries no warning for the unique danger present when a customer grabs the hot water at the drive-through when it has a defective or loose lid. 18. As a result of Defendants’ breach of its duty of care, Plaintiff was seriously injured and suffered physical and emotional injuries in a sum according to proof. dd dd -4- ‘COMPLAINT FOR DAMAGES,ueron Sued Gud South Fg Los Angele, Califomis 90017-3411 ® Geracos & GeRAGos, arc. 1 WHEREFORE, Plaintiff prays for judgment against the Defendants as follows: 2 1. For general damages in an amount according to proof; 3 2. For special damages in an amount according to proof; 4 3. For medical and related expenses in an amount according to proof; 5 4. For interest as allowed by law; 6 5. For costs of suit incurred herein; and fl 6. Forall other relief as the Court may deem proper. 8 9 || DATED: May 30, 2014 10 ul <5. COMPLAINT FOR DAMAGESGeracos & GeRAcos, arc. 1 DEMAND FOR JURY TRIAL Plaintiff LYNNE GIPSON hereby demands trial by jury. DATED: May 30, 2014 GERAGOS & GERAGOS, APC S Attorneys for Plaintiff LYNNE GIPSON e@2l ui "22 w23 24 “5 @ 26 “2 28 6s ‘COMPLAINT FOR DAMAGESa ORIGINAL cM.04 "Ben Rcicine SBN ATES Greg Kinakostan SBN 2538 remem se ome GERAGOS & GERAGOS, APC 644 South Figueroa Sweet {Eos Angeles, California 90017 raproreo: (13) 623-3000 frxwo: (213) 625-1600 aromer ron nuns-Plaintit JLYNNE GIPSON FILED Isurenor couRT OF cauORNA,couNTY oF Los Angeles Superior Court ot Callorhia smeeraooress: ||| North Hill Street ounty of Los An sco sooness: II | North Hill Street eal crrvavoze cove: Los Angeles, California 90012 MAY uous: Stanley Mosk Courthouse 020m ‘CASE NAME: Sher Ca ve OtigetClerk Gipson vs. McDonald's Restaurants of California, et al 8 cme uae oe ‘Complex Case Designation EMRE AT Unlimited Limited oti Limited counter I snder | — demanded demandedis | Fed with frst appearance by defendant exceeds $25,000) $25,000 orless)|___(Cal. Rules of Cour, rule 3.402) | ocr ems 1-6 below must be completed (see instructions on page 2). [f- Check one box below forthe case type that best describes this case: Auto Tort ‘contact Provaionally Complex Civil Ligation pen Cy Seach ot contaciwaranty (8) (Ee Ruler of Cours raes3.400°3 03) Uninsured motorist (48) (3 Rute 3.740 collections 08) (1 Antirusytrade regulation (03) ther PUPDIWO (Personal njuryiProperty — [_] Other collections (03) (J construction defect (10) Damagervrongul Death) Tort Inerance coverage (18) TE mass ot 0) ‘Asbestos (04) ‘Other contract (37) [J securtes tigation (28) Product liatily (24) Real Property (1 Environmental Toxic tort (30) Medical malpractice (45) zal ee oO Insurance coverage claims arising rom the one ceo candernaton ‘hove ited proveonaly complex case Ken PPO (te Tor [Weng evion 2) aeeeity Business tot business practice (or) C=} ter ea property (26) Enforcement of Judgment cua Unavul Dtainer FT ence of pen 2 Defamation 19) Commercial 1) Miscetaneous Civil Complaint Fraud (16) TE) Resident (92) ©) rico Intellectual property (19) C1 vgs (38) [2 other complaint (not spectied above) (42) Prolesinal negligence (25) Judicial Review tscatansous Cit Patton (ther non-PUPONYD tt (35) TT Asset torture (05) Parersip and corporate govermance (21) Employment [1 Pettionse: tivation avard(11) =] otnerpetbon (ot spcied stove) (48) "Weng terinaton (36) 1) we ot mandate (02) other employment (15) () omer ui evi 29) 2 Thiscase [_Jis [ZTisnot complex under rule 3.400 ofthe Califomia Rules of Cour. the case is complex, mark the factors requiring exceptional judicial management 2.) Large number of separately represented parties d. [_] Large number of witnesses [1] Extensive motion practice raising difcut or novel. [__] Coordination with related actions pending in ane or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or ina federal court, 1 Substantial amount of documentary evidence _—_f. [_] Substantial postiudgment judicial supervision |. Remedies sought (check althat apply): a7] monetary b.[_] nonmonetary; deciaratory or injunctive relief c. [—]punitive 'd? Number of causes of action (specify): One (1) 5, Thiscase (lis isnot aclass action sult. {& Itthere are any known related cases, fle and serve a noice of related case. (YowMy uso 015) (Oate: May 30, 2014 BEN MEISELAS > (TrPE OR PRT RAE) SEE OPT OR TORREY PORTANT NOTICE o Piaintif must fle this cover sheet with the frst paper fied inthe action or proceeding (exbept smal claims cases or cases filed [= under the Probate Code, Family Code, or Welfare and Instutions Code). (Cal. Rules of Cour, rule 3220.) Failure to file may result in sanctions. ile this Cover sheet in addition to any cover sheet required by local court rue. this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all ‘other partes to the action or proceeding. ness this sa colton case under rule 3.740 or complex caso tis cover sheet willbe used fr satis purposes ony cacao CIVIL GASE COVER SHEET Ga Rago Gone a A TOO At 3 0 ‘Gara ony 1 207) see a ces gO* ORIGINAL Lynne Gipson v. McDonald's Restaurants of California, inc. etal CIVIL CASE COVER SHEET ADDENDUM AND ‘STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fil in the estimated length of hearing expected for this case: wry TRL? WZ] ves cusssaction? CJ ves umireo case? Clyes Time esTmareo For TRIAL_S _C] Hons) ) pays Item Il. Indicate the correct district and courthouse location (4 steps ~ If you checked Limited Case’, skip to Item Il, Pg. 4): Step 1: After frst completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected Step 2: Check one Superior Cour type of action in Column B below which best describes the nature of this case. Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.0. ‘Applicable Reasons for Choosing Courthouse Location (see Column C below) 4, Gass acons muse edn he Stanly Mosk Courthouse canal distil. 6. Location f propery or permaneiy garaged vehi 4 Slaybe‘ted cone (ater county or tose ejanipopenycanage)” — Lecaton eat pion tendon, 4 Ueehton where ause St ton arose Ce 4. eeaton wherein defendanUrespondent functions wholly 4 {eestor where fealty, dea damage occured 5 [caton where cos cme fies ies fosce 5: Sten re pereancereaured or Stent ees 18, LESS aM Re Step 4: Flin the information requested on page 4 in tem Ill; complete tem IV. Sign the declaration A B c Gi cose Coverstoet |< Typeot Acton Agpicale Reasons Galego No (Ghecceniyone) See Step 3 Above es sto (2) A700 Moor Vehicle Personal juryPropeny DamagerWrenghiDeah | 1,2, 6 er Uninsured Motorist (46) C_AT110 Personal Injury!Property Damage/Wrongful Death ~ Uninsured Motorist | 1.,2., 4. 2 A6OTO Asbestos Prope Damage _ Asbestos (04) eee a 2 A7221 Asbestos - Personal iruntWrongilCeah as Eg |_Protettibaiy as) [A720 Product Laity rt asess or xieniowneta 4.2,8.48 oes 1 AT210 Medical Malpractice - Physicians & Surgeons tA 2a Medical Malpractice (45) ® é i A720 Othe Professional Heath Care Malpractice 14 “a8 1 A7250 Premise nity ip nd 7 <% oe 67250 Intoral Body iun/PepetyDanagertrong Desh (e9 at exon igy on Bo tA Ss Property Darage ‘sul andatom te) we —, _A7270 Intentional infliction of Emotional Distress ue & @_A7220 Other Personal Injury/Property Damage/Wrongful Death 4 TAeIV 109 Rev Gar) CIVIL CASE COVER SHEET ADDENDUM Local Rule 20 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 1 of 4qv Lynne Gipson v, McDonald's Restaurants of California, Inc. et al. A B Cc Ci Case Cover Stet Type of Acton - | agai Reasons ates No (Chest om) Soe Step 3 Above Business Ton G7) [© A029 Ober Commerca/Busness Tn ot taudbreacnerconrea) | 1,3 zs EE [cana [a aos cwramdoxinnaon 1a 2s $8 Detaton (1a) [_ ABOIO Detaaton lander 12.8 23 77 Fav) © AGO Fraud oo onto 1.2.3 5s 23 O A6017 Legal Malpractice 1.42.43. EB | poessonanesoenc 5) ef {2 AEDS0 Oe restos Malacca meal orgs 123 58 omer 35) 1 AGC25 ter Non Pena riyPropery Damage ot 23 g ‘Wrongful Termination (36) [2 A6037. Wrongful Termination 1,28 E 5 | cperemanmanany | ® A624 Ow Entre Conpa Cae naa & ern 126109 Labor Commissioner Appeals ‘0 1 AGIOY Breach of RenalLease Contact (et unawtadetanerorwongta’ [> 5 onceny Broach of Contact Warany | n5o05 conracdMaronty Breach Sele: Pin taudnegigencs) | 25 (not insurance) (C A6019 Negligent Breach of ContraclWarranty (no fraud) (D A6028 Other Breach of ContraclWarranty (not fraud or negligence) ie = © A6002 Collections Case-Seller Praintit 25,6, : Cates (8) 5 1 AGD12 Other Poms NoteColecons Case 2.5 TnararceCovrage (18) | A601S Ievrance Cowan (rt canon) 1.2.5.8 1 ABtCe Contact rua 1.2.3.6 comer comactisy | asost Tortus terrence 12.3.8 © ABG27 Other Contact Dispt(ot breachinsirancetaudneggence) 1.2.3.8 Sa TpeyOaranve® Tq) 47300 Enna DomainCendemnaion Number alpacas [2 wrong Evctn 23) | A6029 Wrong Evan Case 2.8 1 AaOTa Wongae Foresaize 2. omer ReatPropany (26) | As0se cuit Tite 2 1 ABG60 Cte: eal Proper tennant domain, nrnart recs) | 2 : or D_AG021_ Unlawful Detainer-Commercial (not drugs of wrongful eviction) 2.6 B | Unawer Deter sidntat To 45020 Unie DetainerRescenal (rt deg or wrong eveton 2.6 $ Unlawut Detainer- i Ulan Dewines | ago20F Ula Deter Post Forecaeue 2.6. ‘t_ | Unewst octamer Ong 92) | as022 Une! Detainar Ons 26 LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4Lynne Gipson v. McDonald's Restaurants of California, Inc. et al A o- c hi Case Coversheat . Type of Acton Appleate Reasons = Category Ne = Gheckentyone) - Bee Sep 3 Above Asset Foreture(05) | AS108 Asset Foret Case 2.6 | Pattonrearivaion 11) [f AG115 Pettono CmpelConfm/Vacat riraon 2.6 é © AS151 WAdrinarte adams ze a Wetot Mandate (02) |. ASIS2 Wit-Mandamus on Lined Cout Case Mator 2 3 D_A6153. Writ - Other Limited Court Case Review 2 ‘tne uci Review 8) | ABISO Other Wit Hudil Review 2.8 : 78009, Antr rade Reguaton 1.2.8 5 B | consmcondetee 10) [12 6007 Consiction eect 12.8 | omsineaiis Tot | aetos clans mtn tes Tet hae e s ‘Secures Ligation (28) | AG035 Secutties Ligation Case 1.2.8 Tone Ton 5 emi eT aq) [DA6096 Tone TovEnvronmana 4.2.3.8 Insurance Coverage Clams - omsien ate on © ABtAT Setr Site Judgment 28 EE 2 AS160 Absact of Judgment 2.6 ao CS CLULULF———— as $3 et udement(20) 1 Ast40_ Admintaive Agency Award (ot unpadoxs) 2.8 as D ABI14 Petiion/Centtcate fr Enty of Judgment on Unpaid Tax 2.8 (2 ASH2 Other Enforcement of Judgrnent Case 2.8.8 e CO) 1D AGOSS Racketewang (RICO) Case 1.2.8 g3 1D 6090 Declaratory Ree ny 1.208 af conercanpionts | ABAD Iynciv Ree! On (nol omesicharassment) 28 BE | orspeateatrove) 2) | acors other Conraril Complint Case nontorhon-compes) 1.2.8 ° (D_A6000 Other Civil Complaint (non-tortinon-complex) ee Pameatp Copan tear Capaaton Ty go Paanestip and Coporte Governance Case 2.8 © AS121 Civ Harassmont 2.3.9 (2 6129 Workplace Harassment 2.3.8 onereiiong [88124 EderDependent Ai Abuse Cate 2.3.0 (ict Spaced Above) | AB180 Election Contest 2 Go) 0 A6110 Petition for Change of Name 2,7, {A170 Petition fr Re! fom Late im Law 2.3.6.8 A100 Othe ivi Potton 2.8, LACIV 108 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 ASC Approved 03-06 AND STATEMENT OF LOCATION Page 3of 4Lynne Gipson v. McDonald's Restaurants of California, Inc. etal Item Ill, Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other circumstance indicated in Item I, Step 3 on Page 1, as the proper reason for fling inthe court location you selected. REASON: Check the appropriate boxes forthe numbers shown | 111 North Hil Street under Column ¢ forthe type of action that you have selected for this case. 01. 02 03. @4.05. 06.07.08. 09. O10. or ‘ine | aco. Los Angers lca 0012 tem IV. Declaration of Assignment: | declare under penalty of perjury under the laws ofthe State of California thatthe foregoing i rue ‘and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mosk courthouse in the Central District of the Superior Court of California, County of Los Angeles (Code Civ. Proc., § 392 et seq., and Local Rule 2.0, subds. (b),(c) and (6)} Dated: May 90, 2014 PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: Original Complaint or Petition, IF fling a Complaint, a completed Summons form for issuance by the Clerk. Civil Case Cover Sheet, Judicial Council form CM-010. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11}. Payment in full ofthe filing fee, unless fees have been waived 6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, ifthe plaintif or petitioner is a minor under 18 years of age willbe required by Cour in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk, Copies of the cover sheet and this addendum "must be served along with the summons and complaint, or other initiating pleading in the case. LACIV 109 (Rev. 03111) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 4 of