[LOS ANGELES] Starbucks has been ordered to pay US$50 million to a customer who was burned when hot tea spilled on his lap at a California drive-through.
Lawyers for Michael Garcia said the server who handed him three super-sized drinks in February 2020 did not push one of them into the cardboard cupholder properly.
When he took the tray, the drink tipped over, “causing third degree burns to his penis, groin, and inner thighs,” according to a statement from Trial Lawyers for Justice.
“After a hospitalisation and multiple skin grafts, Michael has lived for five years with the disfigurement, pain, dysfunction, and psychological harm caused by the burns.”
The firm, which specialises in no-win-no-fee claims, said Starbucks had denied responsibility for Garcia’s suffering, but before a jury trial had offered to settle for US$30 million.
However, the coffee giant balked at the demand for a public apology and a change in policy that Garcia wanted, so the case went to trial.
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A jury in Los Angeles on Friday awarded him US$50 million, a figure his attorneys said would eventually cost Starbucks more than US$60 million once pre-judgment interest, costs and attorneys’ fees are added.
“Starbucks Corporation consistently denied responsibility for five years, all the way up to and through trial, and attempted to escape responsibility,” the lawyers’ statement said.
“The trial was a perfect example of frivolous defences and victim-blaming.
“We are proud of Michael for standing up for himself and having the courage to tell his story.”
A spokesperson for Starbucks said the company would appeal the award.
“We sympathise with Mr. Garcia, but we disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive,” Jaci Anderson, director of corporate communications, said in a statement to AFP.
“We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
The case is redolent of a 1994 landmark legal action against McDonald’s in New Mexico, when 79-year-old Stella Liebeck was awarded over US$2.8 million after spilling hot coffee on herself.
Although the award was reduced on appeal, the Liebeck case became a touchstone issue in US tort reform, and was often mocked as an example of how readily Americans resort to the law. AFP
