The China Mail - Starbucks ordered to pay $50m for hot tea spill

Lawyers for Michael Garcia said the server who handed him three super-sized drinks in February 2020 did not push one of them into the cardboard cupholder properly.

When he took the tray, the drink tipped over, "causing third degree burns to his penis, groin, and inner thighs," according to a statement from Trial Lawyers for Justice.

"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 firm, which specializes in no-win-no-fee claims, said Starbucks had denied responsibility for Garcia's suffering, but before a jury trial had offered to settle for $30 million.

However, the coffee giant balked at the demand for a public apology and a change in policy that Garcia wanted, so the case went to trial.

A jury in Los Angeles on Friday awarded him $50 million, a figure his attorneys said would eventually cost Starbucks more than $60 million once pre-judgment interest, costs and attorneys' fees are added.

"Starbucks Corporation consistently denied responsibility for five years, all the way up to and through trial, and attempted to escape responsibility," the lawyers' statement said.

"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."

A spokesperson for Starbucks said the company would appeal the 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 a statement, according to the New York Times.

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

The case is redolent of a 1994 landmark legal action against McDonald's in New Mexico, when 79-year-old Stella Liebeck was awarded over $2.8 million after spilling hot coffee on herself.

Although the award was reduced on appeal, the Liebeck case became a touchstone issue in US tort reform, and was often mocked as an example of how readily Americans resort to the law.

C.Mak--ThChM