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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