Lawsuit alleges “scalding hot tea” spilled onto lap

A lawsuit has been filed and defendant parties have responded in an alleged incident in which “scalding hot tea” spilled onto the lap of a Clemson University student.  The suit, filed for Abigail Emsley, names the university and Aramark, a company providing dining services at McAlister Hall.  Originally, the lawsuit was filed in Anderson County, but last week was transferred to the court of common pleas in Pickens County – jurisdiction for Clemson University.  Central to the pleadings is the allegation that on November 11, 2021, Emsley bought a cup of hot tea from a self-serve beverage station in McAlister Hall, placed a second cup sleeve on the cup, and walked it back to her dorm room.  In her room, sitting cross-legged on her couch, and while wearing sweatpants, according to the lawsuit, “she removed the lid and the cup buckled, causing it to fall from her hand and spill the scalding hot tea onto her lap.”  The suit alleges negligence on the part of the defendants and seeks damages and a trial by jury.  It claims Emsley required treatment at a burn center and later a hospital surgery using cadaver grafts.  In its answer, Clemson University filed a cross-claim against Aramark.