A woman in New York has failed to persuade the courts that Starbucks should be responsible for burns she suffered after spilling tea that had been served to her in a double cup.
The 2nd U.S. Circuit Court of Appeals upheld a lower court’s dismissal of a $3 million lawsuit brought by Rachel Moltner against the mega-coffee giant.
Moltner was 76 years old back in February of 2008 when she burned herself at a Starbucks on Manhattan’s Upper East Side.
She spilled her tea onto her leg when she tried to get the lid off of her “venti”-sized cup, causing burns that necessitated a skin graft. Her subsequent hospital stay led to other unpleasant consequences such as bed sores and herniated discs she suffered when she fell out of her hospital bed.
Moltner claimed Starbucks served tea that was too hot in a double cup that was poorly designed. She also believes Starbucks should have warned her of the possibility that her tea could spill.
The court disagreed, stating that “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.”
Sorry, charlie. Next time, be aware….tea is HOT!
Related articles
- Court buys Starbucks double-cup defense (msnbc.msn.com)

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