Ronnie E. Austin, Sr. v. W.H. Braum, Inc., 249 F.3d 805 (8th Cir. 2001). · Go Syfert
Ronnie E. Austin, Sr. v. W.H. Braum, Inc., 249 F.3d 805 (8th Cir. 2001). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2010 · …a product need not be foolproof, or perfect. at p. 805 ⚠ not in text
3 citation events across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Sutton v. Roth, L.L.C. (2×)
4th Cir. · 2010 · confidence medium
Braum, Inc., 249 F. 3d 805, 805 (8th Cir. 2001) (ruling that the high temperature at which hot chocolate was served did not render the drink unreasonably dangerous); Holowaty v. McDonald’s Corp., 10 F. Supp. 2d 1078, 1083 (D.
discussed Cited as authority (rule) McCroy Ex Rel. McCroy v. Coastal Mart, Inc.
D. Kan. · 2002 · confidence medium
Brawn, Inc., 249 F.3d 805, 806 (8th Cir.2001) (summarily affirming summary . judgment where plaintiff had not presented any competent evidence from which a jury could infer that hot chocolate served at 160 to 180 degrees Fahrenheit was unreasonably dangerous); Lamkin v. Braniff Airlines, Inc., 853 F.Supp. 30 (D.Mass.1994) (holding plaintiff failed to show that there was a defect in the coffeemaker that caused it to brew extremely hot coffee); Olliver v. Heavenly Bagels, 189 Misc.2d 125 , 729 N.Y.S.2d 611 (2001) (holding coffee purchased by plaintiff from self-service station was not unreasonab…
Retrieving the full opinion text from the archive…
Ronnie E. AUSTIN, Sr., Appellant,
v.
W.H. BRAUM, INC., Appellee
00-1924.
Court of Appeals for the Eighth Circuit.
May 11, 2001.
249 F.3d 805
Charles R. Fuqua, argued, 'Springdale, AR, for appellant., Troy A. Price, argued, Little Rock, AR (Roger A. Glasgow, Jane M. Weisenfels, on the brief), for appellee.
Hansen, Heaney, Per Curiam, Webber.
Cited by 3 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: Seventh Circuit (1)
PER CURIAM.

Ronnie Austin appeals from the district court’s [2] adverse grant of summary judgment in his products liability action. Austin alleged that W.H. Braum, Inc.’s hot chocolate caused second degree burns when he spilled it on- his foot and ankle and that the hot chocolate’s temperature rendered it unreasonably dangerous. Braum filed a motion for summary judgment, which it supported with affidavits from industry experts who contended that Braum’s hot chocolate was served at temperatures within the industry’s standards of 160 to 180 degrees Fahrenheit. Austin opposed the motion, relying primarily on almost identical affidavits from a local doctor and an' executive with the National Burn Victim Foundation. Austin’s purported experts claimed, in pertinent part, that any hot chocolate served at temperatures over 135 degrees Fahrenheit cannot be consumed safely by humans and that consuming a beverage at temperatures within the industry standard has the potential to cause life threatening injuries. The district court rejected most of the allegations in the affidavits as either con-clusory or speculative and, further, held that Austin had not presented any competent evidence from which a jury could infer that hot chocolate served at 160 to 180 degrees Fahrenheit was unreasonably dangerous. Having carefully reviewed the record, we affirm for the reasons stated in-the district court’s thorough and well-reasoned summary judgment ruling. See Jaurequi v. Carter Mfg. Co., 173 F.3d 1076, 1085 (8th Cir.1999) (describing summary judgment standard of review); see also 8th Cir. R. 47B.

2

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.