NYT | Jury Awards $50 Million to California Man Burned by Starbucks Tea

NYT | Jury Awards $50 Million to California Man Burned by Starbucks Tea

 

A jury in California on Friday awarded $50 million in damages to a Los Angeles delivery driver who was badly burned by a cup of hot tea that spilled into his lap in a Starbucks drive-through in 2020, court records show.

The driver, Michael Garcia, 30, received multiple skin grafts and underwent other medical treatments on his genitals after a hot tea spilled on him when he picked it up from a drive-through window in 2020, according to the negligence lawsuit, which was filed in Los Angeles County Superior Court.

“This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility,” Nick Rowley, one of Mr. Garcia’s lawyers, said in a statement.

In February 2020, Mr. Garcia, who was 25 at the time, was working for the delivery service Postmates when he arrived at a Starbucks in Los Angeles to pick up three venti-size hot teas, according to his lawyers.

The lawsuit claimed that the barista who was stationed at the window “negligently failed to properly” secure one of the hot drinks into a drink carrier, which caused it to fall out of the container and into Mr. Garcia’s lap. Video from inside the store captured the episode and shows Mr. Garcia writhing in pain as he pulls away.

The company “did not securely fasten the lids of each hot beverage that were negligently, carelessly and recklessly served” to Mr. Garcia, the complaint said.

His lawyers said the experience left him with third-degree burns to his penis, groin and inner thighs, and he was transported to an emergency room.

Starbucks on West Adams

Since he was hospitalized and treated, he “has lived for five years with the disfigurement, pain, dysfunction and psychological harm caused by the burns,” his lawyers said.

In a statement on Sunday, Starbucks said that although it sympathized with Mr. Garcia, the company planned to appeal the jury’s award.

“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 the statement.

She added, “We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”

The damages cover physical pain, mental suffering, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment and anxiety, according to the jury award.

The award is expected to total more than $60 million after interest, attorneys’ fees and costs are added, his lawyers said.

The lawsuit is reminiscent of another well-known, fast-food-related burn case. In 1992, Stella Liebeck, then 79, suffered severe burns after spilling a coffee on her lap at a McDonald’s drive-through in Albuquerque.

She sued the company, drawing nationwide negative attention, and was awarded $2.9 million by a jury, though the amount was later reduced to about $500,000.

Kitty Bennettcontributed research.

 

View the entire article at NYT

NYT | Jury Awards $50 Million to California Man Burned by Starbucks Tea

The US Sun | IN HOT WATER Starbucks customer gets $50m

 

A MAN has won $50 million after a scalding hot Starbucks drink spilled all over his lap and disfigured his penis.

Postmates driver Michael Garcia suffered severe burn injuries when the 180-degree, venti-sized Medicine Ball tea tipped over when a barista handed him a tray of drinks through the drive-thru in 2020.

A Los Angeles County jury found Starbucks fully liable for the spilled drinks after Garcia’s negligence lawsuit blamed his injuries on the coffee shop chain.

The lawsuit said the Starbucks employee didn’t push the hot tea firmly enough onto the takeout tray, causing it to tip over.

Garcia sued the chain after he suffered third-degree burns to his penis, groin, and inner thighs in the accident.

Video footage from inside the drive-thru shows the intense moment Garcia was handed the drinks in February 2020.

Seconds after he takes them, one of the large teas tips over and dumps all over Garcia, leaving him screaming in agony.

The barista at the drive-thru in Jefferson Park, Los Angeles, looked shocked as Garcia drove away in pain.

Garcia’s lawyers argued the video showed one of the drinks was loosely placed in the tray when it was handed to him.

The iconic coffee shop chain requires workers to fully secure hot drinks in their trays before handing them to customers, according to their policies.

“Despite being repeatedly warned about the dangers of improperly secured drinks, [Starbucks] chose to ignore safety,” said one of Garcia’s attorneys, Nick Rowley, according to NBC affiliate KNBC.

Garcia suffers severe PTSD from the incident, according to evidence submitted during the trial.

The trial also revealed the incident left Garcia with permanent disfigurement and discoloration on his penis.

He had to undergo skin grafts and undergo other procedures on his genitals, but still reportedly has less length and girth and struggles to maintain an erection.

“Michael Garcia’s life has been forever changed,” Rowley said.

“No amount of money can undo the permanent catastrophic harm he has suffered.”

We sympathize 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.”

Starbucks

Starbucks initially made a $3 million pre-trial offer and then later offered Garcia $30 million to settle the case.

Garcia said yes, but only if Starbucks apologized and changed its policies.

He also asked that Starbucks issue a memo to all of their employees to double-check hot drinks before giving them to customers.

The company still insists they weren’t to blame.

“We sympathize 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,” Starbucks said in a statement.

“We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”

Starbucks hasn’t returned The U.S. Sun’s request for comment.

Another California man sued Starbucks for a similar incident in 2020.

Newsweek | Starbucks Ordered To Pay Out $50 Million After Hot Drink Burns Driver

Newsweek | Starbucks Ordered To Pay Out $50 Million After Hot Drink Burns Driver

 

Michael Garcia, a delivery driver, has been awarded $50 million in a negligence lawsuit against Starbucks after he suffered serious burns from a hot drink.

Newsweek has reached out to Garcia’s attorney outside of regular working hours via email for comment.

Why It Matters

A number of U.S. establishments have faced high-profile lawsuits over customer burns. In the 1990s, a 79-year-old woman was awarded a sum of nearly $3 million for burns she suffered in an incident involving a cup of McDonald’s coffee. Earlier this year, Bill Miller Bar-B-Q were ordered to pay $2.8 million after Genesis Monita, 19, suffered second-degree burns from its barbecue sauce.

What To Know

Garcia was working as a delivery driver for Postmates when the incident occurred. He was collecting three venti-sized hot teas at a Starbucks drive-thru. “The barista working the window negligently failed to properly ‘seat’ or ‘secure’ one of the hot drinks into a drink carrier,” said Garcia’s attorney from Trial Lawyers for Justice.

The attorney added that this caused the drink to “immediately” fall into Garcia’s lap, and caused him “third-degree burns to his penis, groin and inner thighs.”

“After a hospitalization and multiple skin grafts, Michael has lived for five years with the disfigurement, pain, dysfunction and psychological harm caused by the burns,” the statement read.

The legal team also said in its statement that Starbucks had initially offered a settlement of $30 million but wanted confidentiality. The attorneys refused this and said that they would settle for $30 million, without confidentiality, if Starbucks agreed to both policy changes to prevent a similar incident from happening again.

Starbucks has disputed the verdict, and the Seattle-based coffee chain also said that it was committed to the “highest safety standards” in the handling of its hot drinks.

What People Are Saying

Jaci Anderson, Starbucks’ director of corporate communications, shared the following statement with Newsweek over email: “We sympathize 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. We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”

Trial Lawyers for Justice said in a statement shared on its Instagram: “Starbucks Corporation consistently denied responsibility for five years, all the way up to and through trial, and attempted to escape responsibility. The trial was a perfect example of frivolous defenses and victim-blaming … We are proud of Michael for standing up for himself and having the courage to tell his story.”

What Happens Next

Starbucks has said that it sympathizes with Garcia, but plans to appeal. Whether or not that process will be successful, and what the implications may be, remain to be seen.

View the entire article at Newsweek

Business Insider | A jury awarded a delivery driver burned by Starbucks tea $50 million

Business Insider | A jury awarded a delivery driver burned by Starbucks tea $50 million

 

NBC News | Man awarded $50 million after Starbucks hot tea causes permanent disfigurement

NBC News | Man awarded $50 million after Starbucks hot tea causes permanent disfigurement