GONZALEZ v. DONUTS


214 A.D.2d 428 (1995)

625 N.Y.S.2d 189

Justin Gonzalez, an Infant, by His Father and Natural Guardian, William Gonzalez, et al., Respondents, v. Clirkat Donuts, Doing Business as Angelo's Donut Shop, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 1995


This action for personal injuries arises from the then six-year-old infant plaintiff having been severely scalded, as the result of a collision with an employee carrying a large pot of boiling water from one kitchen to the disposal area in the other, when the child emerged from a bathroom located between two kitchens in defendant restaurant. The Trial Judge properly set aside the jury verdict finding comparative fault attributable to the infant plaintiff as against the weight...

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