McALLEN, Texas (ValleyCentral) — A woman is filing a lawsuit after allegedly having hot frijoles spilled on her at a McAllen Mexican restaurant.
Valerie Barajas is seeking restitution of up to $250,000 in civil court from Poncho’s Mexico Nuevo Restaurant.
Barajas ordered a container of beans at the drive-thru window of the restaurant and was handed it in a paper bag.
“Without knowledge that the bottom of the paper bag containing the beans was soaked, the Plaintiff reached for the bag and the container of beans fell out and opened up spilling its extremely hot contents,” the lawsuit states.
The hot contents were spilled onto the woman’s lap causing her burns to her lower abdomen and inner thighs, the lawsuit alleges.
The lawsuit states that the restaurant employee’s negligence caused Barajas to sustain serious and permanent personal injuries.
“Defendants knew that its beans were hot and if spilled onto skin would pose an unreasonable risk of harm,” the lawsuit states. “Defendants owed a duty to exercise ordinary care in its operation to serve hot food, in particular hot liquids, through its drive-thru window.”
Barajas legal team states their client suffered personal injuries including physical pain and mental anguish.
Barajas is seeking restitution for the following damages: medical care incurred in the past, medical expenses in the future, physical pain and mental anguish sustained in the past, physical pain and mental anguish in the future, physical impairments sustained in the past and in the future.
On Feb. 2 a citation was issued to Poncho’s in reference to the lawsuit.
On Feb. 20, the Poncho’s filed a general denial to the lawsuit stating that they would like Barajas to prove the charges and allegations made toward their business.
“Defendants further affirmatively allege that Plaintiff’s claims are barred, in whole or in part, due to the independent or contributory negligence or intentional acts of Plaintiff, in that she failed to exercise ordinary care, due diligence, caution and prudence to avoid or mitigate the damages, if any, of which she now complains,” the document states.