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Shih v. Starbucks Corporation

267 Cal. Rptr. 3d 919 (2020)

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Shih v. Starbucks Corporation

California Court of Appeal
267 Cal. Rptr. 3d 919 (2020)

Facts

Tina Shih (plaintiff) purchased two cups of hot tea from a Starbucks store. Each tea was served with a lid and was double-cupped, meaning one cup was placed inside another, but neither had a cardboard sleeve. Shih carried both drinks, one in each hand, to a table, noticing that they were extremely hot. After setting the drinks down, she sat and removed the lid from her cup. While seated, Shih attempted to bend forward and take a sip from the open cup in front of her. To accomplish this, Shih tried to push her chair back slightly, but the chair slid farther than she anticipated. To steady herself, Shih grabbed the table, knocking over the cup and spilling the tea onto her thighs, causing second-degree burns. Shih sued Starbucks Corporation (defendant) for products liability and negligence, alleging that the cup was defective, too hot, and too full and that it lacked a sleeve. The trial court granted Starbucks’s motion for summary judgment, finding that any alleged defect or negligence did not proximately cause Shih’s injuries. Shih appealed.

Rule of Law

Issue

Holding and Reasoning (Segal, J.)

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