A 17-month-old infant was seated in his stroller as his mother was on a cafeteria-style line at a mall restaurant preparing to pay for her purchases. A customer on line behind our client spilled a 16-ounce container of scalding hot soup on the infant severely burning him. When police came to the scene, the serving container holding the soup measured a temperature of 170 degrees. The restaurant denied the soup temperature was too hot and contended that the unknown patron who had fled the scene, was at fault and should thus be held accountable. Our client was air-lifted to the nearest burn unit where he was diagnosed and treated for first and second-degree burns to his face, chest, arm and buttocks. He underwent multiple grafts and scar revision surgeries and would need continued surgical revisions of these scars as he developed well into his teen years. Mr. Greenberg sued the restaurant for serving soup that was above the acceptable temperature and the mall for design defect. This action was settled for $1,700,000 prior to jury selection.
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