A woman alleging she was burned when she spilled complimentary hot coffee on her hand at Argosy Casino has voluntarily dismissed her lawsuit.
Plaintiff Deborah Stinger filed a motion on April 24 to voluntarily dismiss defendant Alton Casino LLC, doing business as Argosy Casino Alton.
Madison County Circuit Judge David Dugan dismissed the case with prejudice on April 26 with each party bearing their own costs.
Stinger filed her complaint May 4, 2015, against Argosy Casino in Alton.
According to her complaint, Argosy Casino customarily provides complimentary beverages to its clientele. Stinger, a customer on the defendant’s premises on Sept. 20, 2013, claimed she was given a complimentary cup of coffee at the beverage station. Stinger alleged that when she turned from the beverage area, she spilled the coffee on her hand, causing severe burns.
Stinger claimed the defendant knew or should have known of the coffee’s temperature, and that it failed to exercise ordinary care to properly prepare and maintain the brew’s degree of warmth.
Argosy Casino denied liability, arguing that hot coffee is an open and obvious condition. It also argued that its conduct was “reasonable, prudent and common in the industry and met the commonly accepted industry standards.”
“To the extent any warning may be required to warn a person that coffee is hot, defendant provided adequate warning,” Argosy Casino wrote in its May 2015 answer to the complaint.
Stinger filed a motion to transfer the case to the arbitration docket on April 10, 2017.
“That after an initial review of the case, it is plaintiff (sic) wishes to transfer this matter to the arbitration docket where the damages are capped at $50,000,” the motion stated.
The plaintiff’s motion was granted May 17, 2017.
Stinger was represented by attorney Christopher M. Donohoo of The Donohoo Law Firm PC in East Alton.
Argosy Casino was represented by HeplerBroom LLC in Edwardsville.
Madison County Circuit Court case number 15-L-556