102717judge-and-gavel

PREMISES LIABILITY

PALM BEACH CIRCUIT COURT

A jury decided a Delray Beach restaurant owed nothing to a patron who was burned by hot tea spilled by a waitress.

The lawsuit by Alaine Tamberlane claimed the waitress had not been properly trained by her employer, Bosdell LLC, which operates the ocean-view restaurant 50 Ocean. The tea fell off of the waitress' tray, and the staff had been instructed to carry trays with one hand.

The restaurant's managers contended the single-handed method is the industry standard and allows servers to better react to movements by customers. The jury apparently agreed and sided with the defense.

Case: Tamberlane v. Ocean Properties

Case No.: 50-2015-CA-009135-XXXX-MB

Plaintiffs attorneys: Tiffany M. Fanelli and William McAfee, The Law Offices of Kanner & Pintaluga, Boca Raton

Defense attorneys: Jason A. Glusman and Daniel F. Ieraci, Wicker Smith O'Hara McCoy & Ford, Fort Lauderdale