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\

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,

__Nicholas Wagner

Stat

\HJ
b

Barn

WAGNER JONES KOPFMAN & AR


9111 E Herndon. Ste. 317

r,

PLD-PI-001

nda

FOR COURT USE ONLY

5):

LLP

Fresno

CA

TELEPHONE N0:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Ne):

93 72 O

5 5 9/ 4 4 9 l 8 O O

FAX NO.

(Optional):

ks Chemen@wagnerj one s c om
DART ENE JENKINS
.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO


"

STREET ADDRESS: 1 I 3 0
MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:
PLAINTIFF:

Fre sno

O " Street

CA

ILED

I.._J

DARLENE JENKINS

:3

DEFENDANT: MCDONALD'S RESTAURANT OF CALIFORNIA, INC.;


MCDONALD'S CORPORATION; MCDONALD'S USA, LLC and DOES l100 Inclusive
DOES TO _1__0_o_

FEB

"-33

2016

SUPER|%RUE%I%I Ur

BY

u. -_II:ORNIA

FRESNO

DEP

COMPLAINTPersonal Injury, Property Damage, Wrongful Death


I:I AMENDED (Number):

Type (check all that apply):

'

MOTOR VEHICLE

OTHER (specify):

CI Wrongful Death

Property Damage
Personal Injury

[:I

I:I Other Damages

Exemplary Damages
(specify):

Jurisdiction (check all that apply):

I:I ACTION IS A LIMITED CIVIL CASE


Amount demanded
[:3 does not exceed $10,000
[:1 exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
I:I ACTION IS RECLASSIFIED by this amended complaint

1.

aE

CASE NUMBER:

Hermann?

Plaintiff

from limited to unlimited


from unlimited to limited
(name or names):DARLENE

JENKINS

(name or names): MCDONALD '.S RESTAURANTS OF CALIFORNIA,


MCDONALD'S CORPORATION; MCDONALD'S USA," LLC

alleges causes of action against defendant


2.
3.

INC.

This pleading, including attachments and exhibits, consists of the following

Each

a.

[3
I:

(1)

(2)
(3)
(4)

named above

a competent adult
except plaintiff (name):
a corporation qualied to do business
an unincorporated entity (describe):

plaintiff

ED
ECI

a public
a minor

number of pages:

in

entity (describe):

CI

an adult

has been appointed

(b)

ED
EE

(5)
b.

except

(1)
(2)
(3)

[:I
I:I

(4)

(a)
(b)

(5)

I:I

1:]

1GCECG 00332
CFL
Complaint
210 3 8
Civil

Iliad

(name):
a corporation qualied to do business in California
an unincorporated entity (describe):
~
.III/IIIIIIIIIIIIIIIIIIIIIIIII
a public entity (describe):
a minor
an
adult
I:I
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
plaintiff

I: other (specify):
other (specify):

Information about additional plaintiffs

Form Approved for Optional Use


Judicial

(0

LIN/H /

California

for whom a guardian or conservator of the estate or a guardian ad litem


I:I other (specify):
(:3 other (specify):
(a)

(a

is

Councilmamomia

PLD-PI-OOI [Rev.January1.2007)

who are

not competent adults

is

COMPLAINT_ Personal Injury,


'

shown

in

Property

Damage, Wrongful Death

Attachment

3.

0a]

S0 ut" ns~
EST-us
~

Page

of 3

C a d solCi v PrDoe d ure g 425,12


iI

SHORT TITLE: JENKINS V

PLD-Pl-001

MCDONALDS

CASE NUMBER:

K
r

f,

4.

[1

is

5.

(name):
doing business under the ctitious

name

(specify):

and has complied with the ctitious business name laws.


Each defendant named above is a natural person
'a.
except defendant (name): MCDONALD'S CORPORATION

o.

except defendant (name): MCDONALD'S RESTAURANTS


OF CALIFORNIA, INC
.

(3)

I:

(4)

[:1

a public entity (describe):

(4)

:1 a public entity (describe):

other (specify):

(5)

1:]

(2)

(5)

except defendant (name): MCDONALD'S USA, LLC

b.

(1)

(2)

{:1

(4)

I:!

apublic entity (describe):

(4)

(5)

I:

other (specify):

(5)

Information about additional defendants

who

(1)
(2)

(3)

Doe defendants

1:]

b.

d.

(0

Doe numbers):

except defendant (name):


a business organization, form unknown

{:3

D
D
is

an unincorporated

entity (describe):

a public entity (describe):


other (specify):

contained

in

Attachment

5.

were the agents or employees

of other

or employment.

1-100

are persons

plaintiff.

whose

capacities are

unknown

to

Defendants who are joined under Code of Civil Procedure section 382 are (names):

EE

the proper court because


one defendant now resides in its jurisdictional area.
the principal place of business of a defendant corporation or unincorporated association
injury to person or damage to personal property occurred in itsjurisdictional area.
other (specify):

This court

c.

(specify

entity (describe):

other (specify):

L] a corporation

are not natural persons

The true names of defendants sued as Does are unknown to plaintiff.


a. x
Doe defendants (specify Doe numbers): 1-50
named defendants and acted within the scope of that agency

an unincorporated

(3)

(2)

a corporation

(3)

a business organization, form unknown


acorporation
an unincorporated entity (describe):

(1)

a.

:l a business organization, form unknown

a business organization, form unknown


acorporation
an unincorporated entity (describe):

(1)

b.

Plaintiff

{3

is

at least

is in its

jurisdictional area.

required to comply with a claims statute, and


[3
has
complied
with applicable claims statutes, or
[:1
:l excused from complying because (specify):
Plaintiff is

a.
b.

is

PLD-Fl-OO1 [Rev. January

1I

2007]

COMPLAINTPersonal

Injury,

Property

Damage, Wrongful Death

Page 2 of 3

,77

r N,

r'

PLD-Pl-001

SHORT TITLE: JENKINS v. MCDONALDS


I

CASE NUMBER:

The following causes of action are attached and

10.

causes of action attached):


Motor Vehicle

the statements above apply to each (each complaint must have one or more

General Negligence
Intentional Tort

SUBBED

Products

Liability

Premises Liability
Other (specify): Exemplary Damages

11. Plaintiff
a.
b.

tomcat-.0

has suffered

wage

:1

D
I:

general damage
property damage
loss of earning capacity
other damage (specify):

1:] The damages claimed for wrongful death and the relationships

a.

b.

13.

E
E]

use of property
and medical expenses

hospital

C]

12.

loss

loss of

The

a.

sought

in this

complaint

prays forjudgment

punitive damages
of damages is (in

(2)

15.

Date:

deceased are

within thejurisdiction of this court.

for costs of suit; for

The amount
(2)

is

compensatory damages

(1 )

(1)

of plaintiff to the

as follows:

relief

14. Plaintiff

Attachment 12.

listed in

relief

as

is fair, just.

and

equitable;

and

for

cases for personal injury or wrongful death, you must check ( 1)):

according to proof
in the amount of: $ 0.00

I:

The paragraphs

February

1,

Nicholas Waqner
PLD-PI-001 [Rev. January

such

and

belief are

as follows (specify paragraph numbers):

2016

(TYPE

1.

of this complaint alleged on information

2007]

OR PRINT NAME)

COMPLAINTPersonal

Injury,

(SIGNATURE OF PLAINTIFF OR ATTORNEY)

Property

Damage, Wrongful Death

Page 3 of 3

9
SHORT TITLE: [JENKINS v. MCDONALDS

PLD-PI-001 (2)
CASE NUMBER:

D
~

FIRST

(number)

ATTACHMENT TO

CAUSE OF ACTIONGeneral
Complaint

Negligence

Page

CrossComplaint

(Use a separate cause of action form for each cause of action.)


GN1.

Plaintiff

(name):

DARLENE JENKINS

alleges that defendant (name):


MCDONALD'S RESTAURANTS OF CALIFORNIA, INC.;
MCDONALD'S CORPORATION; MCDONALD'S USA, LLC

El Does
was the

to

100

cause of damages to plaintiff. By the following acts or omissions to act, defendant


caused the damage to plaintiff
on (date): March 11, 2015
ataace): McDonald's Restaurant, 417 W. Shaw Ave., Clovis, CA 93612, Fresno County, State of
California
(description of reasons for liability):
Defendants, and each of them, by and through their agents and employees, breached a duty of reasonable care to
Plaintiff by spilling a scalding hot cup of coffee on Plaintiff while handing it to Plaintiff at Defendants'
drivethru window. Defendants, by and through their respective agents and employees, failed to properly
secure the lid on the coffee, failed to deliver the coffee to Plaintiff in a safe manner, failed to warn
Plaintiff, and failed to ensure that the coffee was no unreasonably hot so as to cause burns of the type
received by Plaintiff.
legal (proximate)

negligently

As a direct and proximate result of the Defendants' actions and/or omissions, the Plaintiff incurred, and
continues to incur, economic and non-economic damages, including but not limited to medical special damages,
personal injury, burns to Plaintiff's abdomen and both inner thighs, physical pain, suffering, mental anguish
and emotional distress, in an amount according to proof.

The actions and/or omissions of the Defendants, by and through their agents and employees, was a substantial
factor in causing Plaintiff's harm.

Form Approved

for Optional

Use

ngggjggcggmmgm

CAUSE OF ACTIONGeneral Negligence

SO was.
as ns
~

Page 1 of1
Code of Civil Procedure 425.12

"

SHORT TITLE:

PLD-Pl-001(5)

JENKINS V. MCDONALDS

CASE NUMBER:

SECOND

CAUSE OF ACTIONProducts

(number)

Liability

page

Cl

ATTACHMENT TO ll]

Cross-Complaint
Complaint
(Use a separate cause of action form for each cause of action.)

DARLENE JENKINS

Plaintiff(name):

Prod. L-1.

On or about (date): MARCH 11, 2015


McDonald's cup of hot coffee

Prod. L-2.

Each of the defendants knew the product would be purchased and used without inspection for defects.
The product was defective when it left the control of each defendant. The product at the time of injury
was being
used in the manner intended by the defendants.
used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not
readily apparent. Adequate warnings of the danger were not given.
Plaintiff was a

Prod. L-3.

plaintiffwas injured by the following product:

purchaser of the product.


bystander to the use of the product.

I:

user of the product.

1::

PLAINTIFF'S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF


Count One--Strict liability of the following defendants who

Prod. L-4.

[a

a.

b.

DoesSl toL
to

70

sold the product to the public (names):DARLENE JENKINS

80
Does 71
to
Count Two--Negligence of the following defendants who owed a duty to

McDONALDS RESTAURANTS OF CALIFORNIA,

INC.,-

plaintiff

(names):

MCDONALDS CORPORATION; MCDONALD'S USA, LLC

Does 81
to 90
Count Three-Breach of warranty by the following defendants (names): MCDONALD' S RESTAURANTS OF

Prod. L-6.

CALIFORNIA, INC.
a.
b.

,-

designed and manufactured component parts supplied to the manufacturer (names):


MCDONALD'S RESTAURANTS OF CALIFORNIA, INC.,- MCDONALD'S CORPORATION; MCDONALD'S USA, LLC

0.

Prod. L-7.

THE FOLLOWING:

manufactured or assembled the product (names): MCDONALD'S RESTAURANTS OF CALIFORNIA, INC.


MCDONALD'S CORPORATION; MCDONALD'S USA, LLC,-

D09361

Prod. L5.

other (specify):

[3

who
who

,-

MCDONALD s CORPORATION
'

Does 91

,-

MCDONALD'S USA, LLC

100
breached an implied warranty
breached an express warranty which
written

:1 oral

to

was

l:] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
as follows:
\:| listed in Attachment-Prod. L-7

'

IU 5

j;';},?gg;1,jg,%;f;g;,a

PLD-PlOOl (5) [Rev. January

1,

2007]

CAUSE OF ACTIONProducts

Liability

Page 1 of 1
def~"Predurev42512

Soflgagw
~

Pus

PLD-Pl-001 (6)

SHORT TITLE: JENKINS V. MCDONALDS

CASE NUMBER

w
~

Page

Exemplary Damages Attachment

ATTACHMENT TO
EX-1.

As

additional

Complaint

damages

Plaintiff alleges

{Z}
[:1

CI

C] Cross-Complaint

6-

against defendant (name): MCDONALD'S CORPORATION; MCDONALDS USA, LLC

defendant was

guilty of

malice
fraud
oppression

as dened in Civil Code section 3294, and plaintiff should recover,


make an example of and to punish defendant.

in

addition to actual

damages, damages

to

EX-2. The facts supporting

plaintiffs

claim are as follows:

Defendants, and eachof them, by and through their officers, directors, or managing agents and/or
employees, acted with malice and/or oppression when Defendants' agents/employees spilled a scalding hot
cup of coffee on Plaintiff while handing it to Plaintiff at Defendants' drive-thru window. Defendants
had prior knowledge that McDonalds restaurants were found liable in personal injury lawsuits for burns
caused by scalding hot coffee, the type of injury incured by Plaintiff. Notwithstanding Defendants'
prior knowledge, Defendants, by and through their agents and employees, failed to properly secure the
lid on the coffee, failed to deliver the coffee to Plaintiff in a safe manner, failed to warn
Plaintiff, and failed to ensure that the coffee was not unreasonably hot so as to cause burns of the
type received by Plaintiff.
Defendants acted with malice because their conduct was despicable and was done with a willful and
knowing disregard of the rights or safety of Plaintiff, and was aware of the probable dangerous
consequences of Defendants' conduct and deliberately failed to avoid those consequences.
Defendants acted with oppression because their conduct was despicable and subjected Plaintiff to
cruel and unjust hardship in knowing disregard of her rights.
As a direct and proximate result of the Defendants' actions and/or omissions the Plaintiff
incurred, and continues to incur, economic and noneconomic damages, including but not limited to
medical special damages, personal injury, burns to Plaintiff's abdomen and both inner thighs, physical
pain, suffering, mental anguish and emotion distress, in an amount according to proof.
The actions and/or omissions of the Defendants, by and through their agents and employees, was a
substantial factor in causing Plaintiff's harm.

EX-3.

The amount
a.
b.

of exemplary

damages sought is

Cl not shown, pursuant to Code of


df

Civil

Procedure section 425.10.

$0.00
'

F33d;{zt,:n;{32133:?
PLD-PI-001(6) [Rev. January

1,

2007]

EXEMPLARY DAMAGES ATTACHMENT

,al

u 5 ns
~

11$

Egm1oH

defcwpredur~5425-12