4:18-cv-10156-MFL-SDD Doc # 1 Filed 01/12/18 Pg 1 of 4 Pg ID 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LYNN LACEY )
Plaintiff, )
v. ) 2:18-cv-10156
) Hon.
TIM HORTON'S-SOUTHGATE, )
JANE DOE and JANE DOE # 2, )
Defendants, )
Defendants.
ROBERT H. ROETHER (P19560)
Attorney for Plaintiff
525 East Michigan Avenue, #336
Saline, MI 48176-1588
313-565-4733 FAX: 313-447-2274
roetherlaw@hotmail.com

There is no other pending or resolved civil action arising out of

the same transaction or occurrence alleged in this complaint.

__________________________________________________

COMPLAINT AND JURY DEMAND

Plaintiff, through her attorney, states:

1. Plaintiff is a citizen of Ontario, Canada and resides in Ontario, Canada.

2. Defendant, Jane Doe is a person whose identity is unknown but who, on October 7, 2017,

was working at the Tim Horton's restaurant at 16801 Fort Street, Southgate, Wayne County, Michigan

48195. She was working at the "drive through" window. She handed the cup of tea that is the subject of

this Complaint to plaintiff’s companion. Her residency and citizenship are unknown.

3. Defendant, Jane Doe #2, is a person whose identity is unknown, but who on October 7,

2017, was working at the Tim Horton's restaurant at 16801 Fort Street, Southgate, Michigan 48195. Jane

Does #2 poured the cup of tea that is the subject matter of this Complaint, then passed it to Jane Doe.

Her residency and citizenship is unknown.

1
 4:18-cv-10156-MFL-SDD Doc # 1 Filed 01/12/18 Pg 2 of 4 Pg ID 2

4. Defendant, Tim Horton's-Southgate ("Horton's-Southgate") is a restaurant located at

16801 Fort Street, Southgate, Michigan. Defendant is believed to be a citizen of Wayne County,

Michigan. Plaintiff, through her lawyer has communicated with Tim Horton's, in part to determine the

proper corporate identity responsible for the business of Tim Horton's located at 16801 Fort Street,

Southgate, Michigan 48195. Defendant never responded to plaintiff's multiple inquiries. There are

multiple corporations simultaneously doing business at this location, including but not limited to:

i. Kitchen Corner, LLC – Michigan.

ii. Tim Hortons, Inc. – Ontario.

iii. The THD Group, LLC – Ohio.

iv. Zim Tim, LLC – Michigan.

v. Tim Donut US Limited, Inc. – Florida.

Defendant's registered agent is John G. McNally, 140 St. Joseph, Trenton, Michigan 48183.

5. All events complained of took place in Southgate, Michigan. The amount in controversy

exceeds $75,000.00. There is diversity jurisdiction pursuant to 28 USC 1332(a)(2) and venue is proper

pursuant to 28 USC 1391(b)(2)

6. All events complained of took place in Wayne County, Michigan and the amount in

controversy exceeds $75,000.

7. On October 7, 2017, plaintiff was on the premises of Horton's-Southgate. As such she

was a business invitee and entitled to all the protection Michigan law extends to such persons.

8. Plaintiff was in her motor vehicle in the "drive through lane." She was a passenger, the

driver was Anthony Caruso, a close friend of plaintiff. Anthony Caruso ordered coffee (for himself) and

an extra-large tea (for Lynn ) from Jane Doe. Jane Doe #2 poured the tea using the cup that is depicted as

"EXHIBIT 1." The cup Jane Doe #2 selected had a portion of its upper rim "mashed down" making it a

defective cup.

9. Jane Doe #2 put a lid on the visibly defective cup and passed it to Jane Doe who, in turn,
2
 4:18-cv-10156-MFL-SDD Doc # 1 Filed 01/12/18 Pg 3 of 4 Pg ID 3

handed it to Anthony Caruso. Since the lid was mashed down, it didn't form a tight seal with the lid and

as plaintiff took the cup from Anthony Caruso, the lid popped off and fell to the floor pouring hot tea

from the cup onto the front of plaintiff's body, burning her severely.

10. Defendants failed to warn plaintiff they were handing her a defective cup with an

unsecured lid.

11. Such actions on the part of defendants were negligent and/or grossly negligent.

12. As a direct and proximate result of defendants' conduct, plaintiff was severely burned

sustaining first and second degree burns to her left anterior thigh, left lower abdominal wall, and left

thumb. The burns were accompanied by erythema and blistering.

13. As a direct and proximate result of defendants' conduct, plaintiff sustained pain and

suffering, disfigurement, medical expenses and treatment, therapy, income loss, embarrassment,

humiliation, loss of social pleasure and mental anguish.

WHEREFORE, plaintiff moves for judgment against defendants in an amount to be determined

by a jury but at least $75,000, plus costs, interest and attorney fees.

Respectfully submitted,

ROBERT H. ROETHER (P19560)

Attorney for Plaintiff
525 East Michigan Avenue, #336
Saline, MI 48176-1588
313-565-4733 FAX: 313-447-2274
roetherlaw@hotmail.com

Dated: January 12, 2018

JURY DEMAND

Plaintiff demands trial by jury.

Respectfully submitted,
3
 4:18-cv-10156-MFL-SDD Doc # 1 Filed 01/12/18 Pg 4 of 4 Pg ID 4

ROBERT H. ROETHER (P19560)

Attorney for Plaintiff
525 East Michigan Avenue, #336
Saline, MI 48176-1588
313-565-4733 FAX: 313-447-2274
roetherlaw@hotmail.com

Dated: January 12, 2018