Genesis Monita vs. Bill Miller Bar-B-Q Enterprises, LLC et al

Case Background

On October 27, 2023, Plaintiff Monita Genesis Morales filed a negligence lawsuit in the Texas District Court, Bexar County (Case number: 2023CI23261). The case centered on injuries caused by hot barbecue sauce, which Monita alleged was served at an unreasonably high temperature. Judges Angelica I. Jimenez, Christine Hortick, Cynthia Marie Chapa, Mary Lou Alvarez, and Norma Gonzales presided over this case.

Cause

In May 2023, Genesis Monita, a 19-year-old woman from San Antonio, suffered severe injuries after purchasing breakfast tacos with hot barbecue sauce from a Bill Miller Bar-B-Q location at Loop 410 and Old Pearsall Road. Monita and her sister ordered the meal through the drive-thru. After receiving the order in a brown paper bag, Monita parked in the restaurant’s lot to eat. When she attempted to handle the hot barbecue sauce container, it was so excessively heated that she dropped it on her right thigh, resulting in a painful second-degree burn. The sauce, measured at 189 degrees Fahrenheit, exceeded the restaurant’s stated policy of serving barbecue sauce at a minimum of 165 degrees.

<strong>Injuries

The incident caused a second-degree burn on Monita’s right thigh. Court documents revealed that the injury led to significant physical and mental pain, permanent disfigurement, and physical impairment. Monita endured psychological distress and faced substantial medical expenses as a result of the burn caused by the hot barbecue sauce.

<strong>Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Monita Genesis Morales
    • Counsel for Plaintiff: Lawrence G. Morales
  • Defendant(s): Bill Miller Bar-B-Q Enterprises, LLC | Bill Miller Bar-B-Q Enterprises, Ltd
    • Counsel for Defendants: Barry McClenahan

Claims

Genesis Monita took legal action against Bill Miller Bar-B-Q, alleging that the restaurant’s negligence directly caused her injuries. Her lawsuit argued that the restaurant served the hot barbecue sauce at an unreasonably high temperature. She claimed that the restaurant failed to provide sufficient warnings about the potential danger. Monita also argued that the establishment did not exercise reasonable care to ensure customer safety. This lack of care led to her second-degree burn.

Defense

Bill Miller Bar-B-Q defended against the allegations by asserting that it followed standard procedures for preparing and handling barbecue sauce. The restaurant argued that it served the sauce at a temperature of 189 degrees, which was consistent with food safety regulations and industry standards requiring a minimum of 165 degrees to prevent bacterial growth. The defense maintained that this temperature was reasonable to ensure both food quality and safety.

The restaurant claimed it exercised due care in packaging the order. It securely placed the sauce in a container and appropriately bagged it. The restaurant argued that Genesis Monita suffered the second-degree burn due to her own handling of the hot barbecue sauce container, not any negligence on their part. Additionally, the restaurant contended that Monita failed to exercise caution while removing the sauce. It maintained that no additional warnings were necessary, as hot food items are generally expected to be served at high temperatures.

Furthermore, Bill Miller Bar-B-Q contested the extent of Monita’s damages. It asserted that her injuries and psychological expenses were overstated. The restaurant argued that the physical and emotional distress resulted from unforeseeable circumstances, not from gross negligence on their part.

Jury Verdict

On January 17, 2025, the jury awarded Genesis Monita a total of $2.825 million in damages. The jury determined that Bill Miller Bar-B-Q was grossly negligent. They allocated $900,000 for Monita’s past and future mental anguish, physical pain, and impairment caused by the second-degree burn from the hot barbecue sauce. The jury also awarded her $25,000 to cover medical expenses incurred from the incident. Additionally, the jury imposed $1.9 million in punitive damages to penalize the restaurant for serving the barbecue sauce at an excessively high temperature.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com