Image via Wikipedia(Reuters) - A Manhattan woman has failed to persuade a U.S. appeals court that Starbucks Corp should be held liable for severe burns she suffered after spilling tea served in a double cup.
The 2nd U.S. Circuit Court of Appeals upheld on Tuesday a lower court's dismissal of a $3 million lawsuit brought by Rachel Moltner against the world's largest coffee chain.
Moltner was 76 in February 2008 when she burned herself at a Starbucks coffee shop on Manhattan's Upper East Side.
She spilled tea onto her left leg and foot when she tried to remove the lid from a "venti"-sized cup of tea, causing burns that required a skin graft. Her hospital stay later resulted in other injuries, including bed sores as well as herniated discs caused by a fall out of bed.
The plaintiff accused Starbucks of serving tea that was too hot in a double cup -- one cup placed inside another -- that was defectively designed. She also said Starbucks should have warned her the tea could spill.
The appeals court rejected her case, saying "double-cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one's hand."
The 2nd U.S. Circuit Court of Appeals upheld on Tuesday a lower court's dismissal of a $3 million lawsuit brought by Rachel Moltner against the world's largest coffee chain.
Moltner was 76 in February 2008 when she burned herself at a Starbucks coffee shop on Manhattan's Upper East Side.
She spilled tea onto her left leg and foot when she tried to remove the lid from a "venti"-sized cup of tea, causing burns that required a skin graft. Her hospital stay later resulted in other injuries, including bed sores as well as herniated discs caused by a fall out of bed.
The plaintiff accused Starbucks of serving tea that was too hot in a double cup -- one cup placed inside another -- that was defectively designed. She also said Starbucks should have warned her the tea could spill.
The appeals court rejected her case, saying "double-cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one's hand."
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