Man awarded £38.5 million from Starbucks after drink spilled on him

Usually a spilled drink from a café might cost you a couple of quid or an embarrassingly stained top for the rest of your day.

But in one very unfortunate case, it sadly somewhat cost this man his penis as he suffered permanent disfigurement. And a whole lot more than a few bucks, it cost Starbucks a whopping $50 million (£38.5 million).

Michael Garcia sued the chain after a scalding hot tea spilled into his lap at a drive-thru in California.

Working as a Postmates delivery driver on 8 February 2020, he arrived at a Los Angeles branch to pick up three ‘medicine ball’ teas in size Venti (that’s large in regular speak).

Starbucks was accused of being negligent in handling the hot tea. (Trail Lawyers for Justice)

His attorneys say he was given a cardboard carrier with the drinks at the drive-thru window when one of the cups fell directly into his lap.

One of the lids popped off the top, as video provided by the legal team shows the moment the tea spills onto him.

In court, Garcia’s attorneys argued that the employee at the window failed to properly secure that drink in the carrier before handing it to him.

And this led to the delivery driver suffering third-degree burns to his penis, groin and inner thighs, his team say he therefore ended up with ‘hospitalisation and multiple skin grafts’.

Nick Rowley (his attorney) said in a press release that the man’s ‘life has been forever changed’ as he added: “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 team said that Garcia had to have two skin grafts to his penis and that any friction to the area causes him pain.

The drink spilled in his lap at the drive thru. (John Keeble/Getty Images)

As his attorneys say he has suffered permanent and life-changing disfigurement, the Los Angeles County jury awarded the man $50 million.

“This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility,” Rowley said.

Starbucks said while it sympathises with Garcia, it plans to appeal the decision as it added it has ‘always been committed to the highest safety standards’ in its stores.

“We sympathise 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,” the coffee giant continued in a statement.