NJ man sues Dunkin’ over hot coffee, alleges 'permanent injury' when drink spilled

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A New Jersey man and his wife are suing Dunkin' for serving coffee they say caused him permanent injury. 

In the lawsuit, filed in the Superior Court of Passaic County on April 4, the plaintiffs Evan Arlington and Stephanie Arlington-Macias said that he had purchased two cups of coffee and one iced coffee on Aug. 25, 2021, at a Dunkin' Donuts location in Totowa. 

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"Defendants were negligent in the preparation, sale and service of the coffee to plaintiff in that it was too hot," the lawsuit said.

"As a result thereof, plaintiff Evan Arlington has been severely injured, has suffered and in the future will suffer great pain and mental anguish, was forced to and in the future will be forced to expend money for medical and hospital care, has suffered and in the future will suffer a loss of income and has otherwise suffered permanent injury as a result of a defected product sold by Dunkin Donuts, XYZ Companies and John Does," according to the lawsuit. 

A drink and a doughnut are seen at a Dunkin’ Donuts location in the Chicago suburb of Niles, Illinois, February 4, 2015.  (REUTERS/Jim Young/File Photo / Reuters)

Additionally, the lawsuit said that Arlington-Macias "suffered a loss of her husband's aid, comfort, conjugal fellowship and consortium."

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The Arlingtons – who NJ.com reports are in their late thirties – are seeking judgment for damages, together with interest and costs of the suit.

FOX Business' request for comment from Dunkin' was not immediately returned. 

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The National Coffee Association USA says hot coffee should be brewed at a water temperature between 195 F and 205 F "for optimal extraction." 

The organization notes that cupping quality standards suggest brewing at 200 F and that a study has shown that coffee drinkers typically drink their coffee at 140 F or below.

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This lawsuit comes after a man in Vineland, New Jersey, sued a Dunkin' location in August 2020, claiming that a drive-thru worker there had failed to properly secure a cup lid and led to second-degree burns.

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