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Personal Injury
Premises Liability
Employee Negligence

Roshenara Moore v. Starbucks Corporation and Does 1 to 25

Published: Sep. 15, 2012 | Result Date: Jul. 24, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG11588059 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Theodore A. Schlink III


Defendant

Dennis P. Howell
(Grunsky Ebey Farrar & Howell)


Experts

Plaintiff

Jerold Z. Kaplan
(medical)

Facts

Roshenara Moore was at a Starbucks coffee shop when a cup of coffee was spilled from the counter onto an exposed skin of her right foot. She claimed she suffered from disfiguring burn injuries to her right foot as a result thereof and sued Starbucks Corp. for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was an invitee at the store and that the barista breached the duty of care when she placed a hot cup of coffee on the counter with no lid, thereby causing the cup to spill over the counter. Plaintiff further claimed the barista caused the cup of coffee to spill on her foot.

DEFENDANT'S CONTENTIONS:
Defendant contended that its barista only served plaintiff one cup of coffee, contrary to Plaintiff's claim that the barista served her two cups. Defendant further contended that the barista put a lid on it and argued that Plaintiff was negligent when she knocked the coffee off the counter and onto on her own foot when she withdrew her hand while making payment.

Damages

Although Moore did not claim any medical bills, she claimed that she lost a day of work. She also claimed that he was left with permanent discolored skin and sought recovery for pain and suffering.

Injuries

Moore was burned on her right foot. She self-treated the burn with Vitamin-E oil, which worked except for a patch of skin pigment discoloration. Her expert testified that the scald caused second degree burns to Moore's right foot and that the pigmentation was permanent and not medically correctable.

Result

The jury returned a defense verdict.

Deliberation

one hour

Length

six days


#103875

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