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Metzger & Kleiner Successful in Premises Liability Case

Plaintiff KM was awarded the amount of $54,615.50 against Dover Downs, Inc. Our client filed a lawsuit indicating that while at Dover Downs Hotel Casino he used a Styrofoam cup manufactured by Solo Cup Operating Corporation. On the day of the incident, KM attempted to use the cup for hot coffee and while seated on his hotel bed, the bottom of the cup opened up, allowing the hot coffee to pour from the cup, causing him burns to his private parts. KM subsequently received treatment at the Chester Crozer Burn Center and made an excellent recovery. However, he still had blood blisters in that area. Both defendants, Dover Downs, Inc. and Solo Cup Operating Corporation, denied liability. This matter was tried. It was found that Solo Cup Corporation was not responsible because Delaware Law does not allow for strict liability claims in this situation; however, Dover Downs Racetrack, the owner of the hotel, was found negligent and an award of $60,684.00 was awarded to KM, reduced by 10% comparative negligence.

Plaintiff’s attorneys, Metzger and Kleiner, were successful in obtaining this award for the client, who was offered at one point the sum of $20,000.0 by both defendants combined.

Metzger & Kleiner continues to handle claims for individuals injured in hotels as the result of negligence. We also represent individuals injured as the result of defective products.

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