Starbucks has been ordered to pay a delivery driver nearly £39 million after severely burned by a drink which did not have the lid on properly.
Michael Garcia was picking up three medium-sized ‘medicine ball’ hot teas from a Starbucks drive-thru in Los Angeles when one of the drinks spilled on him as the barista handed them over.
The lid wasn’t fully pushed onto the cup, which wasn’t secured into the tray, allowing the liquid to escape, scalding Mr Garcia, his lawsuit against the coffee chain said.
Screaming in pain from the 82°C coffee, he immediately drove off. He was left with disfigurement, debilitating nerve damage to his genitals, and third-degree burns to his penis and inner thighs.
Mr Garcia required skin grafts to treat the damage.
Now a jury in California has ordered Starbucks to pay Mr Garcia £38,630,920, more than five years after the incident on February 8, 2020
The lawsuit, filed that year, accused Starbucks of failing in its duty of care when the lid was not properly secured.
Speaking to CBS Los Angeles, his attorney Nicholas Rowley said: ‘Starbucks says if our hands are off the drink, then no matter what happens, we’re not responsible.’
The court sided with Mr Garcia, who says he still suffers daily chronic pain and post-traumatic stress disorder.
He sought damages for mental anguish, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, anxiety and emotional distress.
Rowley said: ‘Michael Garcia’s life has been forever changed. 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 said they were planning on appealing the verdict.
The coffee giant said: ‘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 have always been committed to the highest safety standards in our stores, including the handling of hot drinks.’
