SCLAFANI v. BROTHER JIMMY'S BBQ, INC.

Nos. 5713, 115551/08

88 A.D.3d 515 (2011)

930 N.Y.S.2d 566

2011 NY Slip Op 7184

LAUREN SCLAFANI, Respondent, v. BROTHER JIMMY'S BBQ, Inc., et al., Respondents, and BACARDI, USA, INC., et al., Appellants.

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

Decided October 13, 2011.


Plaintiff patron alleges that she was injured when, while at the bar at defendants-respondents' restaurant, the bartender, in a pyrotechnic display, poured Bacardi's high-alcohol content rum onto the surface of the bar and ignited it. At that point, the flame ignited into the bottle and the flaming contents shot out of the mouth of the bottle. As a result, plaintiff sustained severe burns.

The motion court properly concluded that under the circumstances plaintiff...

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