Friday, 30 Oct 2020

Man sues Starbucks after causing ‘disfigurement’ of his genitals by spilling tea

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A man in the US is suing Starbucks after spilling hot tea on himself and causing "permanent disfigurement" to his genitals.

Tommy Piluyev filed a lawsuit last week against the coffee giant and Pactiv Packaging Inc, which made the cup, relating to injuries he suffered in October 2018.

The incident happened when the then-22-year-old was in the car with his family buying two pick-up grande size Honey Citrus Mint Teas at a cafe in Roseville, California.

They had been driving in the Sacramento area when they decided to pull into the drive-through.

Piluyev was with his wife and young child at the time.

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Court documents seen by MailOnline say: "As the window associate reached to the SUV's window sill to deliver the second sleeved and lidded cup to Mr Piluyev, the lid lost its seal with the cup lid and dislodged from the top of the cup.

"Hot tea spilled on Mr Piluyev's left hand during the transfer, the cup overturned on the window sill and hot tea poured onto Mr Piluyev's hands, stomach and pelvic area.

"Covered in scalding tea, and unable to open his door to escape because he was near the drive-through window, Mr Piluyev quickly put the SUV into gear and accelerated from the window.

"He pulled into an adjacent parking lot, hastily exited the vehicle and stripped off his sweat pants."

The young dad spent 11 days in the University of California, Davis burn unit after being rushed to the nearby Stutter Roseville Medical Center's emergency room.

Photos obtained by CBS 13 show the extent of some of his wounds.

"The emergency team reported partial-thickness burns with blistering across the lower left abdomen, thighs, penis, scrotum, peritoneum and buttocks," the lawsuit read.

"Nine of his fingers were also burned to at least the second degree, left more than right."

The lawsuit also claimed Piluyev couldn't use his hands or fingers while in hospital, while he has also reportedly lost the ability to play the piano, while sexual intimacy is now "painful and awkward".

It took him around five months to regain the ability to work, the lawsuit goes on.

"The sensitivity and permanent skin discolouration and disfigurement of Mr Piluyev's genitals and inner thighs made eventual intimacy awkward and painful," it said.

There are also negligence and product liability claims made against Starbucks Corporation and Pactiv Packaging.

Attorney Whitney Davis wrote that the defendants "had knowledge of no less than 80 lid-off incidents per day involving customers and defendants had knowledge of additional complaints and burn incidents from employees, managers and associates concerning defective cups and lids."

The lawsuit said Starbucks tea is served between 88C and 93C.

"Accordingly, the conduct of Defendants Starbucks and Pactiv in failing to research, analyse and deploy a reasonably safe alternative solution constituted despicable conduct carried on by the Defendants in conscious disregard of the rights and safety of the Plaintiffs," it read.

Daily Star Online has approached the Starbucks Corporation for further comment.

  • Starbucks
  • Crime
  • Family

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