An Oklahoma appeals court has ruled a mother is not entitled to recover any damages after her 7-year-old daughter spilled hot gravy on her leg after buying a meal from a fast food restaurant’s drive-through window.
The Oklahoma Court of Civil Appeals ruled in favor of the defendant, Whataburger, and upheld a lower court’s ruling.
The child’s mother sued the restaurant after she ordered a meal that included a Styrofoam bowl of heated gravy that spilled on her daughter’s leg, resulting in second-degree burns.
The court determined the gravy was not unreasonably hot and that the family had eaten the same meal many times and should have “known or expected the gravy to burn if spilled.”
Attorneys for the mother and Whataburger did not immediately return telephone messages.