A South MS man says he suffered ‘horrific’ hot coffee burns. He wants McDonald’s to pay
When he pulled up to the drive-thru at McDonald’s on U.S. 90 in Long Beach, Joseph Gentry was a “robust” 82-year-old retiree, according to a lawsuit he has filed.
He drove away with “horrific” burns on his legs, the lawsuit says. More than two years and many medical procedures later, his injuries still plague him.
Gentry continues medical treatment for the second- and third-degree burns he suffered when the lid popped off the hot coffee he was served, the lawsuit filed in Harrison County Circuit Court says. The case is reminiscent of a McDonald’s hot coffee case from 1994 — a case that was misunderstood by many, misrepresented and used as a clarion call for reining in large jury awards.
Gentry’s lawsuit says the lid popped off his coffee as an employee handed it to him at the drive-thru in January 2023. The coffee soaked through his pants, leaving second- and third-degree burns on his legs, his lawsuit says. Gentry’s attorney, Seth Thompson of TNT Law in Jackson, said Gentry drove himself home and wound up at an urgent care center.
Who’s being sued
He’s since had dead skin removed from his legs, undergone skin grafts and suffered through pain, insomnia and nervous shock and anguish, his lawsuit says.
Gentry is suing McDonald’s Corp., Ten D Enterprises based in Ocean Springs and the Long Beach McDonald’s where he bought the coffee. Ten D is headed by members of the Descher family, which operates the Mississippi Coast McDonald’s franchises.
McDonald’s and its franchisees have not had time to respond to the lawsuit, which represents only one side of the case. A corporate representative did not respond to voice mail messages from the Sun Herald.
The lawsuit accuses McDonald’s and Ten D of gross negligence and reckless disregard for the safety of customers. It says they need to adequately train employees and provide safer products.
Gentry’s wife Beth Gentry, also a plaintiff in the lawsuit, later went to the McDonald’s to report what happened to her husband. The lawsuit says an employee told her “that they needed better cups, acknowledging the propensity of the cups to become easily dislodged from the lids.”
Gentry and his wife are asking for an unspecified amount in compensation, plus punitive damages.
McDonald’s hot coffee cases
The infamous McDonald’s case from 1994 took hold in the public arena as “jackpot justice” through exaggerated and inaccurate information, with many believing a woman secured millions in punitive damages through a frivolous lawsuit.
The 79-year-old originally asked McDonald’s to cover $20,000 in medical expenses after eight days in the hospital, and skin grants on her groin and genitals, her attorney’s website says. McDonald’s refused. At trial, she was awarded $160,000 in compensation and $2.7 million in punitive damages meant to deter McDonald’s from repeating the behavior. However, the court later reduced punitive damages to $480,000.
“There were 700 other burn claims against McDonald’s before this injury, yet no action was taken,” a case synopsis says on the website of the attorney, Kenneth Wagner of Albuquerque.
Gentry did not require hospitalization but did need extensive treatment, his lawsuit says. He also developed a painful skin infection, cellulitis, and experiences pain from “drawn and tight skin” where his legs scarred.
Back in the 90s, the temperature of McDonald’s coffee was supposed to be at 180-190 degrees. Thompson said that he doesn’t know the temperature of the coffee that spilled on Gentry, but he hopes to find out as the case progresses.
“Obviously,” Thompson said, “it’s still hot enough to create a third-degree burn, which is a problem.”
This story was originally published March 31, 2025 at 5:00 AM.
