Mother sues Alabama farmer’s market over hot soup spilling on 9-year-old

The Alabama Supreme Court Friday reversed a summary judgment against a woman suing a Montgomery market over a bowl of spilled hot soup, sending the case back to its trial court.

In a 21-page decision, the court found that the plaintiff, Yadira Ordonez, should have received more time to show that she was suing the right company.

According to court documents, Ordonez filed suit in June 2023 over an incident that allegedly occurred on April 7, 2023 at Capitol International Market in Montgomery.

The suit contended that Ordonez went to the market with her three children, aged nine, six and four. While buying groceries, she purchased a container of hot soup.

As the family got into the car, Ordonez handed the soup to the nine-year-old, who accidentally spilled it on herself.

The child was later treated for burns at Children’s of Alabama, the suit stated.

Ordonez sued the Capitol Farmers Market as owners of the store alleging negligence, wantonness, negligent and wanton hiring and liability.

Capitol Farmers Market responded with an affidavit by the owner, Yeun S. “John” Yim, saying that the company had no employees, did not operate the grocery store, and had no control over the restaurant operating in the deli area.

CFMI moved for a summary judgment, while Ordonez’s lawyers supplied health records that seemed to contradict the company’s assertions.

According to court documents, health-department records appeared to show that two grocery-store employees identified as employees of CFMI were sent to food-safety training a few months before the child was injured, as well one receiving a violation notice.