A San Antonio woman is suing Starbucks, claiming that the lid fell off a cup of hot tea she ordered and it burned her when the tea spilled into her lap, 1200 WOAI news reports.
Christina Sturgess did not state in her lawsuit how much in damages she wants from the Seattle based coffee company, but the lawsuit claims she wants Starbucks to pay up not only for the usual medical bills and pain and suffering damages, but also for ‘loss of enjoyment of life.’ The lawsuit was filed in Seattle.
A similar suit against McDonalds 15 years ago essentially created the ‘lawsuit abuse’ movement and led to the passing of laws restricting frivolous lawsuits, The McDonald’s case also became the butt of jokes by late night comics.
Jen Harris with Texans Against Lawsuit Abuse says lawyers like the one who filed this lawsuit make her job a whole lot easier.
“The system is being abused,” she said. “Its unclear whether we’re looking for justice here, or just looking to make a buck.”
The lawsuit claims the barista at a San Antonio Starbucks ‘failed to seal the lid atop her cup of Venti green tea after she purchased the tea at a drive through.’ It claims Sturgess had pulled away from the drive through and when she took her first sip of tea, the lid came off, and ‘scalding hot tea poured over her.’ The lawsuit claims the woman suffered second degree burns and needed medical treatment.
Starbucks would not comment, and neither would the lawyer who filed the lawsuit, but Harris would like to give her a big hug because she says cases like this lead to a flood of donations to lawsuit abuse groups.
“It raises eyebrows in terms of, is it an appropriate lawsuit, or is it a frivolous lawsuit,” she said.
Harris said lawyers who file cases like this one, and a case a few weeks ago where a woman is suing Cowboys owner Jerry Jones because she sat on a bench in front of Cowboy Stadium on a hot summer day and burned her legs, help demonstrate for the everyday person the dangerous of frivolous lawsuits.
“We have always supported justice for people who have truly been injured,” Harris said. “But our justice system is intended to make people whole, not make them rich.”
SA Woman Sues Starbucks, Claims was Scalded by Hot Tea
September 7, 2012
1200 News Radio WOAI
Noted from above article:
Fan Sues Dallas Cowboys For Burned Buttocks
August 16, 2012
NORTH TEXAS (CBSDFW.COM) – It’s a case of a woman with burned buttocks, literally! A Dallas Cowboys fan is suing the organization and owner Jerry Jones over burns she says she received because of their negligence.
Jennelle Carrillo, of Cleburne, received severe burns to her backside after allegedly sitting on a bench outside Cowboys Stadium.
“She sat down on this black bench, outside an entrance and unfortunately she suffered third-degree burns as a result of it and had subsequent skin grafts,” explained Carrillo’s lawyer, Michael Wash.
The incident occurred in August of 2010, when Carrillo attended the Blue & Silver scrimmage football game. Temperatures on the day of the game were reportedly more than 100 degrees.
Wash said his client didn’t stay for the game. “She knew, while she was there at the stadium, that she had received some burns. But she didn’t realize how serious they were until she received medical attention.”
After seeking that medical attention Wash said Carrillo was “hospitalized for about a week [and] had some very serious injuries.”
Part of the lawsuit, filed in Tarrant County civil court, states specifically, “The bench was uncovered and openly exposed to the extremely hot August sun. The combination of the nature of the black, marble bench and hot sunlight caused the bench to become extremely hot and unreasonable dangerous.”
The suit goes on to state that the stadium didn’t warn Carrillo or others about hot bench dangers and that there were no signs posted warning that the bench was hot.
Wash said his client suffered mental anguish, physical pain and disfigurement as a result of her wounds.
Carrillo isn’t seeking a specific amount from those named in the lawsuit, but is suing to get a jury trial and payment of court fees, interest and a damage amount determined by said jury.
The Dallas Cowboys are staying mum on the issue, as their policy is not to comment about ongoing litigation.