A California jury has ordered Starbucks to shell out $50 million to a delivery driver whose lap and genitals were scalded from hot drinks that spilled.
Michael Garcia, a driver for Postmates, went to a Starbucks drive-through in Los Angeles on February 8, 2020, to pick up three venti-sized ‘medicine ball’ hot teas, according to a lawsuit filed in California Superior Court.
One of the drinks a barista handed to him through the pickup window wasn’t securely in the tray, nor was the lid on all the way, according to the suit.
A California jury has ordered Starbucks to shell out $50 million to a delivery driver whose lap and genitals were scalded from hot drinks that spilled.
Michael Garcia, a driver for Postmates, went to a Starbucks drive-through in Los Angeles on February 8, 2020, to pick up three venti-sized ‘medicine ball’ hot teas, according to a lawsuit filed in California Superior Court.
One of the drinks a barista handed to him through the pickup window wasn’t securely in the tray, nor was the lid on all the way, according to the suit.
‘So, if I’m Starbucks and I hand you a drink that doesn’t have a lid that’s secured, and it’s a scalding hot, 180-degree drink, or if I hand you a drink that’s in a container and it’s loose and it’s not secured, and it falls right on you — the moment that I take my hands off of it, then you’re responsible and I, the corporation, am not,’ he said.
Garcia’s lawyers said he has had multiple surgeries for the permanent nerve damage and scars to his genitals.
They also say Garcia suffers from chronic pain every day and severe PTSD stemming from the life-changing incident.
‘Michael Garcia’s life has been forever changed,’ Rowley said in a statement after the verdict.
‘No amount of money can undo the permanent catastrophic harm he has suffered, but this jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility.’
Among the damages Garcia sought were physical pain, mental anguish, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, anxiety and emotional distress.
Jurors deliberated for about 40 minutes on Friday before siding with Garcia and handing him the eight-figure sum.
Starbucks said it disagrees with the jury’s verdict and plans to pursue an appeal.
‘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,’ a company spokesperson said in a statement. ‘
We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.’
Generally, there is no cap on the amount of money juries can award plaintiffs in personal injury cases in California.
Proponents of having no caps say that it allows victims to be fairly compensated, while opponents say it can often lead to excessive rewards.
Garcia’s case is similar to a famous 1994 lawsuit against McDonald’s filed by a 79-year-old woman who spilled hot coffee into her lap and also suffered third-degree burns.
The plaintiff in that case, Stella Liebeck, was originally awarded $3 million by a jury, though the judge reduced that amount considerably.
Liebeck and McDonald’s appealed the decision and both parties settled out of court for an undisclosed amount.
Liebeck triggered a decades-long debate about whether her case necessitated tort reform in the United States. She died in August 2004 at age 91.
View the entire article at Daily Mail
