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A California-based delivery driver on Friday was awarded $50 million from a lawsuit against Starbucks after he was burned by a hot beverage that spilled in his lap at a drive-thru.
Michael Garcia sued the popular coffee chain after having to undergo skin graft procedures on his legs and penis, which he says was caused by a scalding hot tea not being properly situated in the cardboard drink carrier. Garcia was burned from one of three venti-sized “Medicine Ball” beverages that he was picking up, per The Guardian. According to the outlet, a Medicine Ball is an off-menu item consisting of “steamed lemonade, hot water, Jade Citrus Mint green tea, Peach Tranquility tea and honey.”
Garcia’s attorney, Nick Rowley, said in a press release that Garcia’s “life has been forever changed” by the accident.
“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,” Rowley said.
The attorney also noted that “Starbucks offered $30m to settle but wanted confidentiality. We said we would settle for $30m without confidentiality and only if Starbucks agreed to publicly apologize and promise to change policy to prevent this from happening again.”
Starbucks also issued a statement, saying they were sympathetic to Garcia’s pain but also that they planned to appeal the decision. The company said they have “always been committed to the highest safety standards in our stores.”
“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.
The case is reminiscent of the famous 1990s case of a New Mexico woman who burned her legs with a hot cup of McDonald’s coffee. The late Stella Liebeck, who was 79 years old at the time, sustained third-degree burns in her pelvic region and was hospitalized for eight days while undergoing skin grafting, plus endured two additional years of medical treatment.
Liebeck originally petitioned to settle with McDonald’s for $20,000 to cover her medical expenses, but the fast food chain declined, which led to her attorney suing for gross negligence. Liebeck was awarded $160,000 for medical expenses and $2.7 million in punitive damages, but that amount was later reduced by the judge. Liebeck and McDonald’s eventually settled for an undisclosed amount.
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A California jury has ordered Starbucks to pay $50 million to a Postmates delivery driver who says he suffered third-degree burns after a barista handed him a hot tea that spilled and scalded his penis in 2020.
Michael Garcia, 30, suffered “severe burns, disfigurement, and debilitating nerve damage to his genitals” on Feb. 8, 2020, his lawyers wrote in court documents obtained Monday by USA TODAY.
The jury ruled that Garcia is now owed $50 million to compensate him for his “life-changing, catastrophic” injury, wrote his lawyer Michael Parker on Facebook on Sunday.
Garcia previously turned down an initial $3 million pre-trial offer from Starbucks, his attorneys said. Now he will instead get over $60 million after interest, attorneys fees and costs are added, his team said in a news release.
A spokesperson for Starbucks said in a statement Monday that the company has sympathy for Garcia’s plight but the jury got it wrong.
“We disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive,” spokesperson Jaci Anderson said. “We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
Video of the incident taken from inside the Starbucks location and reviewed by USA TODAY shows a barista handing the drink tray to Garcia. When the drink spills into his lap, he screams and his vehicle drives forward.
Garcia, who was 25 at the time, was working for food delivery service Postmates on Feb. 8 2020 when he went to a Los Angeles Starbucks drive-thru to pick up three “medicine ball” hot teas, according to another lawyer working the case, Nicholas Rowley of Trial Lawyers for Justice.
The barista working the window did not properly “secure” one of the hot drinks into its drink carrier, according to Rowley. Within 1.4 seconds of Garcia taking the drink tray, the cup fell into his lap and the lid came off the cup.
He was taken to the emergency room, where doctors ruled that the scalding tea caused third-degree burns to his penis, groin, and inner thighs, his lawyers said. He was hospitalized and had to undergo multiple skin grafts.
Garcia was sent to a burn center, where they performed two skin grafts on his penis. Doctors also performed a procedure that removed the nerves from his penis, allowing him to feel more sensation. Doctors applied pig skin to save his penis.
Any friction around his genitals causes pain, and he now suffers from severe post-traumatic stress disorder from the incident, his lawyers said.
Garcia’s lawyers said Starbucks has denied responsibility for the incident, despite having a corporate policy that requires its workers to secure drinks in the tray before handing them over to customers.
“Despite being repeatedly warned about the dangers of improperly secured drinks, (Starbucks) chose to ignore safety,” Rowley said in a news release, adding that Garcia’s life has “been forever changed.”
According to Garcia’s lawyers, Starbucks offered $3 million before the trial began, then $30 million to settle the case. Garcia initially agreed to $30 million as long as Starbucks would apologize, change its policies and issue a memo to all Starbucks restaurants to double check hot drinks before turning them over to customers.
Starbucks would not agree to the terms, Garcia’s lawyers said, leading the jury to rule that they must pay Garcia $50 million, which will amount to over $60 million after fees and interest.
Parker, another lawyer on Garcia’s team, said on Sunday that they fought for years for the outcome they got.
“Starbucks refused to give up the video of the incident until our firm got a court order and Starbucks was sanctioned over $7,000 for not turning it over,” Parker said. “After seeing the video, the jury voted 12-0 that Starbucks was liable.”
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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 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.
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.
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.
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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.
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.
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.
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.
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.”
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.
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