Hot Tea
Last week I wrote about a jury awarding a woman in Texas $2.8 million after suffering second degree burns on her thigh from spilling hot barbecue at Bill Miller Bar-B-Q restaurant. The jury concluded that the restaurant failed to warn her of the “dangerously” hot sauce, which was 189 degrees, arguably 50 degrees hotter than required.
Unfortunately, a Starbucks customer recently suffered a worse burn and received a more substantial verdict.
On February 8, 2020, Michael Garcia pulled into a Starbucks in Los Angeles and ordered three Venti-sized “medicine ball” drinks, which are an off-menu item featuring tea, lemonade and honey. Surveillance footage showed that after the barista handed the 30-year-old Postmates delivery driver the tray, the lid popped off one of the beverages and the contents fell into his lap. As a result, Garcia suffered third-degree burns, requiring two skin grafts on his penis, which was permanently discolored and disfigured, and now results in only painful sex.
Garcia then sued the Seattle-based coffee chain in Los Angeles Superior Court. His suit claims that Starbucks’ negligence caused him physical pain, mental anguish, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, anxiety and emotional distress.
According to Nick Rowley, Garcia’s attorney and co-founder of the Trial Lawyers for Justice firm, the barista “did not securely fasten the lids of each hot beverage that were negligently, carelessly and recklessly served” him. In addition, Rowley argued that the barista failed to wedge one of those drinks into the carrier tray. The surveillance video substantiated his claim, as it showed that one of the three drinks was sitting askew in the tray.
“One of the most pleasurable experiences in life has been changed to pain,” Rowley said in a statement. Because of the “awful, awful injury,” he added, Garcia is “a different person. This will affect every facet of his life.”
Garcia asked for $120 million in damages. Garcia’s law firm indicated Starbucks offered to settle the case before trial for $3 million, which he initially accepted under three conditions: (1) that the coffee chain apologize; (2) that they alter store policy; and (3) they issue a memo instructing workers to double-check hot drinks before handing them off. Starbucks declined, however, so the case went to trial.
Starbucks is undoubtedly rethinking that decision after the jury awarded Garcia $50 million in damages after deliberating for only 40 minutes. Three of the jurors actually dissented and wanted the amount to be $125 million.
Rowley declared that “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.”
Starbucks says it plans 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 company said in a statement. The coffee chain believes Garcia had failed to exercise ordinary care on his own behalf and that his own negligence and carelessness contributed to the spill and caused his damages.
“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 Director of Corporate Communications Jaci Anderson said. “We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
Anderson purportedly claimed the verdict seemed “like a latte” and subsequently ordered a Grande-sized depresso.
Reg P. Wydeven
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