You are reading

Astoria law firm represents woman seeking damages following Starbucks coffee spill

starbucks1Dec. 1, 2014 By Michael Florio

An Astoria law firm representing a woman who claimed that she was burned by a Starbucks coffee overcame a significant legal hurdle in her quest for damages last month.

Devrim Cacin-Worthy, a Flushing resident represented by Sacco & Fillas, claimed in a lawsuit filed in Federal District Court that she bought a regular cup of coffee at a Starbucks in Nassau County in Nov. 2011 and moments later the lid came off and she spilled it — causing severe burns.

In court papers, Worthy admitted she did not know the coffee’s temperature, nor did she check to see if the lid was properly affixed before picking up her drink from the server.

Starbucks filed a motion to dismiss the case to avoid the possibility of a trial. However, Starbucks did not provide sufficient evidence to contradict Worthy’s account, according to District Judge Denis Hurley.

Hurley said that there was enough evidence that “reasonably supports her claim that defendants breached a duty of reasonable care.”

Further, he added, the possibility that Worthy’s own squeezing of the cup causing the lid to come off was “sufficiently remote,” and the facts establish a “reasonable probability that her injury was caused by Starbucks.”

Tonino Sacco, a partner at Sacco & Fillas representing Worthy, said “the reasonable probability is enough to take it to trial.” Nevertheless, “it still has to be proved by a preponderance of evidence; this just allows the case to go to trial.”

Starbucks Case

email the author:


Click for Comments 

It goes without saying that when you order a non-specified ICED coffee, that your beverage will be hot…

but because common sense doesnt hold up in court as a defense, isnt this why all cups everywhere have a “caution, contents may be extremely hot” label?? ever since that woman won $10 million from mcdonalds?


Coffee is a HOT beverage. It’s common sense to be careful when handling it. Another one trying to make money.


Leave a Comment
Reply to this Comment

All comments are subject to moderation before being posted.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Recent News

AG James announces dismantling of Queens-based ghost gun trafficking operation

New York Attorney General Letitia James announced Wednesday the takedown of a prolific Queens-based gun trafficking crew accused of selling firearms and ammo at an East Elmhurst playground, the Queens Center Mall and other locations around the borough.

James secured a 625-count indictment charging five men for participating in the gun smuggling ring, which involved selling dozens of ghost guns, assault weapons, high-capacity magazines and hundreds of rounds of ammunition.

Long Islander gets 3-9 years for stealing homes across Queens belonging to elderly or disabled owners: AG

New York Attorney General Letitia James and Queens District Attorney Melinda Katz announced that a Long Island man was sentenced to three to nine years in prison Friday for leading a deed theft ring that resulted in five homes being stolen from vulnerable Queens residents and saw them earn more $1 million in ill-gotten gains.

Marcus Wilcher, 48, of Carll Drive in Bay Shore, pleaded guilty in May to grand larceny in the second degree in Queens Supreme Court for his role in leading the crew following an investigation by the Attorney General’s office.