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LOS ANGELES (CN) — An LA County jury on Friday ordered Starbucks to pay $50 million to a Postmates driver who dropped scalding hot tea on his lap, causing third-degree burns and permanently disfiguring his penis.
In 2020, Michael Garcia was picking up an order of three venti-sized “medicine balls” — secret menu items made from a mix of steamed lemonade and two different teas — from a drive-thru Starbucks window in South Los Angeles. One of the drinks, he said, was “negligently” unsecured in its cardboard drink carrier, causing it to spill in his lap shortly after he took the order inside the car. In his complaint, Garcia said he “suffered severe burns, disfigurement, and debilitating nerve damage to his genitals” as a result of the spill. He was taken to the emergency room by paramedics.
Garcia was later treated at the renowned Grossman Burn Center, where he received not one but two skin grafts on his penis. Garcia’s attorney, Trial Lawyers for Justice co-founder Nick Rowley, said Garcia’s penis was permanently discolored and disfigured, with less length and less girth. He is now unable to have a complete or sustained erection, and any friction during sex or masturbation causes pain.
“One of the most pleasurable experiences in life has been changed to pain,” Rowley said. “It’s an awful, awful injury.” He added: “He’s a different person. This will affect every facet of his life.”
A spokesperson for Starbucks called the award “excessive” and said the company would 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,” said Starbucks Director of Corporate Communications Jaci Anderson in an email. “We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
Upon hearing that statement, Rowley replied: “They’re a bunch of idiots. They don’t have a chance in hell at getting this verdict reduced.”
Rowley said the key evidence during the trial was the surveillance footage of the incident taken from inside the coffee shop. Rowley said the footage clearly showed the barista secure two of the cups in the caddie but not the third, causing it to spill less than two seconds after Garcia took it into the car.
“The video showed that Michal did nothing wrong,” Rowley said. “It showed on video the drink wasn’t properly secured.”
The trial was bifurcated into two phases. After a weeklong liability trial, the jury deliberated for 40 minutes before finding Starbucks liable for the accident. After another week on the damages phase, the jury deliberated for a little over two hours before coming up with the $50 million verdict, which could climb to $60 million when interest and attorneys fees are factored in. Rowley had asked the jury for $120 million. Three of the jurors, Rowley said, pushed for that amount.
Rowley also said Starbucks offered to settle the case before trial for $3 million. On Tuesday, after it had been found liable, the company increased its offer to $30 million but wanted the amount to remain confidential. Garcia declined.
The case and verdict bring to mind the infamous 1992 lawsuit against McDonald’s, in which 79-year-old Stella Liebeck sued the fast food giant after she spilled hot coffee in her lap. The scalding coffee caused third-degree burns over 16% of Liebeck’s body and led to an 8-day hospital stay.
A jury found McDonald’s 80% at fault and awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages. A judge reduced the award to $480,000 and the parties settled for a confidential sum reported to be less than $500,000.
Liebeck’s cause stirred a national debate on excessive jury awards and the responsibility of corporations to keep their customers safe.
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Garcia’s lawyers said he required hospitalization and multiple skin grafts and has endured pain and dysfunction since the incident a little over five years ago.
Starbucks said it sympathized with Garcia but planned to appeal.
“We disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive,” the Seattle-based coffee giant said in a statement, adding that it was “committed to the highest safety standards” in handling hot drinks.
Information from The Associated Press was used in this report.
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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.
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Starbucks will have to fork over $50 million to a man whose genitals were severely burned after a hot tea spilled in his lap at a California drive-through.
Delivery driver Michael Garcia underwent skin grafts and other procedures after the fateful spill of the piping hot, venti-sized Starbucks beverage, which immediately fell onto his crotch area after he bought it on Feb. 8, 2020.
The resulting injuries were permanent and life changing, his attorneys said.
Garcia sued Starbucks and on Friday, a Los Angeles County jury decided in his favor, finding an employee of the Seattle-based coffee chain had not wedged the scalding hot drink into a takeout tray well enough before handing it over to him.
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