The Miller Law Group, LLC successfully defended a local restaurant in a lawsuit filed by a parent of a minor child who was burned by hot tea

In Arteaga v. New Lee Wing Wah, Inc., the plaintiff filed suit on behalf of her minor child arising out of injuries the minor child sustained when hot tea spilled on her at defendant’s restaurant. Plaintiff alleged that defendant was negligent by permitting excessively hot tea to be served to its patrons and by failing to warns its patrons of the allegedly dangerous condition (i.e. the hot tea). 

The Miller Law Group, on behalf of the defendant, moved for summary judgment arguing (1) the defendant did not owe a duty of care to the minor child because she was under the supervision of her parent and that the incident was not reasonably foreseeable; (2) that there was no evidence defendant breached any duty owed to plaintiff, and; (3) that there was no evidence that any act or omission by defendant or its agents caused the incident. The trial court ruled in defendant’s favor and granted the motion for summary judgment thereby disposing of the case.

Subsequently, plaintiff filed a notice of appeal with the First District Appellate Court. The Appellate Court recently affirmed the trial court’s entry of summary judgment in favor of the defendant. Specifically, the Appellate Court ruled that plaintiff failed to present sufficient evidence to establish that defendant’s conduct was the proximate cause of the minor child’s injuries to overcome summary judgment. The Miller Law Group and its client are incredibly satisfied with the decision of the Appellate Court. A complete copy of the First District Appellate Court’s written order can be found at www.illinoiscourts.gov. The written order was filed on December 13, 2019 under docket number 1-19-1214.