Jennelle Carrillo is suing the Dallas Cowboys and its owner Jerry Jones for toasting her bottom before a Blue & Silver scrimmage at the Cowboys stadium. Carrillo says that she sat on a black marble bench outside the stadium on a hot 101 degree day. The result, she says, was sever burns on her buttocks.
Carillo says that she had to be hospitalized and undergo skin grafts. Her lawsuit claims negligence in the lack of warnings about sitting on the benches in hot weather.
The complaint alleges that “The bench was uncovered and openly exposed to the extremely hot August sun. The combination of the nature of the black, marble bench and hot sunlight caused the bench to become extremely hot and unreasonable dangerous.”
The question is whether the football team had to warn an adult about the danger of hot surfaces in Texas during the summer. I do find it interesting that the Cowboys would select black marble as a material for a bench in Texas instead of a color or a material less likely to absorb heat. However, many materials are likely to become extremely hot in direct sunlight in Texas, including the concrete sidewalks. The court is likely to view this was falling into the “act of God” category and an injury from everyday living.
The lawsuit claims recovery for mental anguish, physical pain and disfigurement.
Here is the lawsuit: plaintiffs-original-petition-carrillo