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
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
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