The respondent sustained serious burns to her lower body when coffee spilled from a cup she ordered at a McDonald's drive-through.
The motion judge determined that the respondent was impaired as a result of an accident as defined in the Statutory Accident Benefits Schedule and was entitled to statutory accident benefits.
The appellant insurance company appealed.
The Court of Appeal upheld the motion judge's decision, finding that the use and operation of the vehicle was a direct cause of the injuries and that the seatbelt restraint increased exposure to the scalding liquid.
The appeal was dismissed with costs awarded to the respondent.
