An NYPD officer has taken legal action against McDonald’s after an incident where hot coffee spilled on him, resulting in severe burns that caused his skin to reportedly “peel off.” This case echoes a well-known 1990s lawsuit involving a New Mexico woman who was awarded $2.7 million after a similar coffee-related incident.
In a lawsuit submitted on Wednesday in Suffolk County Civil Court, Gerald Salvia claims that back in October, an employee at the drive-thru handed him a cup of coffee that was “super-heated” and improperly sealed, which led to an unfortunate spill that burned his lower leg.
The complaint describes the resulting burns as second-degree, matching the size of a handprint, and asserts that Salvia, who was off-duty at the time, required medical treatment due to the pain and scarring.
According to his filing, the coffee was “unreasonably dangerous and unfit for human consumption.” Salvia stated, “They are sick, in pain, lame, disabled…and will continue to suffer great mental and physical pain, emotional distress, and physical injury for some time to come.”
The lawsuit also includes his wife, Daisy Salvia, who claims that the severity of his injuries has negatively impacted their marriage. She voiced that she has experienced a loss of companionship and incurred medical expenses as a result.
Months after the incident, Salvia mentioned feeling enduring pain. He described his current state, saying, “My condition is not very good. I have scars on my legs, and I still have cramps and tingling. I have to wear special socks… I was told to avoid the sun and can’t exercise.” He added, “I haven’t had coffee since the incident.”
Salvia’s case is reminiscent of the Stella Liebeck incident in 1992, where a grandmother sued McDonald’s after suffering third-degree burns from spilling extremely hot coffee in her lap. Liebeck was reported to have needed extensive medical treatment that included skin grafts after the incident.
Initially, Liebeck was awarded $2.7 million in punitive damages, awarded due to the dangerously hot temperature of the coffee, but that amount was later reduced, and she ultimately received less than $500,000.
McDonald’s has faced multiple lawsuits over hot coffee incidents dating back many years. Coffee is often brewed between 170 to 195 degrees; drinks over 140 degrees can result in second-degree burns.
As for the temperature of Salvia’s coffee, that detail remains unclear.
Salvia’s attorney, John Beatty, pointed out that if Salvia had drunk the coffee, the injuries could have been far worse — affecting his mouth and airway. McDonald’s has yet to provide a response to the allegations.
