Man wins $79m in lawsuit over burns from Starbucks' tea

Staff WritersAP
Camera IconStarbucks is appealing after a jury awarded a man $79m over hot tea that spilled on his lap. (AP PHOTO) Credit: AAP

A delivery driver has won a lucrative lawsuit after being seriously burned when a Starbucks drink spilled in his lap at a California drive-through.

A Los Angeles County jury awarded Michael Garcia $US50 million ($A79 million) on Friday over the accident on February 8, 2020.

Garcia underwent skin grafts and other procedures on his genitals after a venti-sized cup of tea spilled after he collected it. He has suffered permanent and life-changing disfigurement, according to his lawyers.

Garcia's negligence lawsuit blamed his injuries on Starbucks, saying that an employee didn't wedge the scalding-hot tea firmly enough into a takeaway tray.

"This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility," one of Garcia's lawyers, Nick Rowley, said in a statement.

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Starbucks said it sympathised with Garcia but planned to appeal.

"We disagree with the jury's decision that we were at fault for this incident and believe the damages awarded to be excessive," the Seattle-based coffee giant said in a statement, adding that it was "committed to the highest safety standards" in the handling of hot drinks.

In one famous 1990s case, a New Mexico jury awarded a woman nearly $US3 million ($A4.7 million) in damages for burns she suffered while trying to pry the lid off a cup of coffee at a McDonald's drive-through.

A judge later reduced the award, and the case ultimately was settled for an undisclosed sum under $US600,000 ($A947,867).

Juries have sided with restaurants at times, as in another 1990s case involving a child who tipped a cup of McDonald's coffee onto himself in Iowa.

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