The defendant brought a motion for summary judgment dismissing a personal injury action arising from a hot drink spill in a restaurant.
The plaintiff, a minor represented by a litigation guardian, alleged negligence in failing to supervise the service counter and maintain safe premises after a customer spilled hot liquid near the plaintiff.
Surveillance video captured the entire incident and showed another customer losing balance of a tray and spilling a drink, with no involvement by restaurant staff.
The plaintiff provided no responding evidence, medical documentation, or participation in the litigation process.
The court found no genuine issue requiring a trial and held that the evidence demonstrated no negligence on the part of the defendant.
