MILAN – Starbucks is at the centre of a new lawsuit over the spillage of hot drinks in a drive-thru in the U.S., which has seen the coffee chain ordered to pay $50 million in compensation to one of its customers. The incident took place in February 2020, at the Exposition Park store in Los Angeles and resulted in third-degree burns and nerve damage to the victim, Michael Garcia, a Postmate driver.
Michael Parker, Garcia’s lawyer, said his client was picking up three beverages at the drive-thru and one of the hot drinks was not fully pushed into the container. Garcia was handed a cardboard carrier.
His tray of hot teas “caved in on itself,” he said in a deposition. First one, then another hot drink toppled onto his lap, their lids popping off. He suffered severe burns, including to his genitalia, he claimed.
Experts testified during the trial that Garcia could have done nothing to avoid his injuries. Garcia’s damages included physical pain, mental anguish, loss of enjoyment of life, humiliation, inconvenience, grief, disfigurement, physical impairment, anxiety, and emotional distress, according to a recording of the verdict from Courtroom View Network.
The lawsuit accused Starbucks of breaching its duty of care by failing to secure the lid.
Starbucks has a documented corporate policy that hot drinks must be fully secured in the tray before being handed over to customers, according to court records.
But video footage from inside the drive-thru appeared to show that one of the three drinks was not properly placed into the tray.
The Los Angeles County jury found Starbucks fully liable for his injuries.
Starbucks had initially made a $3 million pre-trial offer but later to settle the case, the company offered $30 million in compensation.
Garcia agreed under the condition that Starbucks would apologize, change policies and issue a memo to all Starbucks restaurants to double check hot drinks before handing them to customers.
Starbucks declined the terms, and a jury eventually rendered the final $50 million decision.
Starbucks said it plans to appeal the verdict arguing it has always been committed to the highest safety standards in its 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,” he company said in a statement.
