A Los Angeles man has won a $50 million damages award against Starbucks after suffering third-degree burns to his genital area when a scalding, venti-sized cup of tea spilled on his lap at a restaurant pickup window.
A Los Angeles County Superior Court jury handed down its verdict in favor of plaintiff Michael Garcia, a delivery service driver, on March 14, indicating that the award was for noneconomic damages including physical pain, mental suffering, loss of enjoyment of life, disfigurement, anxiety and emotional distress.
A statement from Trial Lawyers for Justice, which represented Garcia, alleged that the barista working the Starbucks drive-thru window when the plaintiff picked up the tea failed to properly secure one of the hot drinks. Garcia was taken to an emergency room and eventually had to endure two skin grafts on his penis at Grossman Burn Center, as well as the removal of nerves, according to his legal team.
“Evidence submitted during trial demonstrated that Michael was left with permanent disfigurement, discoloration, less length and girth, and an inability to have a complete or sustained erection,” the statement says. “Any friction, including during sex or masturbation, causes pain. Garcia now also suffers from severe (post-traumatic stress syndrome) from the incident as acknowledged by Starbucks’ expert.”
A Starbucks spokeswoman told the Southern California Record that the company would pursue an appeal of the verdict, which resulted from the injuries Garcia sustained in 2020.
“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,” Jaci Anderson said in an emailed statement. “We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
Garcia’s legal team indicated that Starbucks offered the plaintiff $3 million prior to the trial to resolve the litigation and later increased the amount to settle the case to $30 million. The plaintiff agreed to that amount but only if the company apologized, changed its policies and agreed to issue a memo to all of its restaurants calling on employees to ensure that hot drinks were properly secured.
The company did not agree with those terms, and the trial went forward, according to the legal team.
“Michael Garcia’s life has been forever changed,” Nick Rowley, the co-founder of Trial Lawyers for Justice, said in a prepared statement. “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."
The law firm said on an Instagram post that nine of the 12 jurors who heard the case agreed to the $50 million damages award, while “three jurors dissented and were crying because they wanted the verdict to be $125 million.” according to a statement Rowley posted on Instagram.
The trial attorney said the company repeatedly tried to escape responsibility for the injuries Garcia sustained and that Starbucks engaged in “frivolous defenses and victim-blaming.”
Other lawsuits have been filed against Starbucks in California and Colorado over injuries resulting from spilled hot drinks, according to media reports.
Garcia’s damages award is expected to grow to more than $60 million once interest and attorney fees are compiled, according to Trial Lawyers for Justice.