Spilling hot coffee at a drive-through constitutes an accident under the Statutory Accident Benefits Schedule.
The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for statutory accident benefits.
The plaintiff suffered severe burns when she spilled hot coffee on her lap while receiving it at a drive-through window in her vehicle.
The court applied the purpose and causation tests, finding that using a drive-through is an ordinary use of a vehicle, and that the vehicle's use was a direct cause of the injuries because the plaintiff was seated and restrained by a seatbelt, preventing evasive action.
The defendant's motion was dismissed, and the court concluded the incident met the definition of an accident under the Statutory Accident Benefits Schedule.
SCJSuperior Court of JusticeOct 24, 2016
