San Diego man at Starbucks was asked to move closer to his table. 2 years later, he is suing them for ‘deblitating nerve damage’ to his genitals

A recent federal lawsuit claims that a Starbucks customer suffered debilitating nerve damage to his genitals after a hot cup of tea spilled on his lap. Per the complaint, 63-year-old oil-and-gas executive Vladimir Podlipskiy was attending a meeting with colleagues at a Starbucks in San Diego when the incident occurred. The legal filing, first reported by The Independent, alleges that the spill was the direct result of a wobbly table and problematic service.

The outlet noted that the incident took place on August 28, 2024. According to the court documents, an employee at the coffeehouse repeatedly asked Podlipskiy to move closer to the table where his drink was resting. The complaint notes that the table was unstable, loose, defective, and/or wobbly. 

It also argues that the employee knew or should have known that directing customers to move closer to an unstable table while a hot beverage was present “created a foreseeable risk” that the hot beverage would spill onto and burn a customer. The tea reportedly spilled onto Podlipskiy’s lap, groin area, and genitals without warning. The lawsuit claims this resulted in catastrophic burns and injuries, including disfigurement, debilitating nerve damage to his genitals, physical pain, mental suffering, and emotional distress. 

A situation that has happened before

Attorney Nick Rowley, who is representing Podlipskiy, told The Independent, “He was served a scalding cup of hot tea that did not have the lid on right. He was handed a burn. Multiple witnesses saw this happen. The spill caused horrific burns to his penis and groin resulting in permanent disfigurement and sexual dysfunction. As we have done so in the past, we intend to hold Starbucks fully accountable for its negligence.”

Per the NY Post, the legal action was initially filed on June 24 in San Diego Superior Court, but it was later removed to San Diego federal court on August 6. Podlipskiy argues that he did nothing to cause the spill and that the company failed to exercise reasonable care regarding the preparation, handling, and presentation of hot beverages. Additionally, the suit claims the company failed to maintain the safety and stability of its tables and seating areas.

The Independent reported that Starbucks has pushed back against these claims. In an answer filed on August 6, the company reportedly denied the allegations made by Podlipskiy. Starbucks further suggested that the plaintiff may have failed in his duty to mitigate his damages. 

The company’s legal filing reportedly noted that Podlipskiy may have failed to seek timely or recommended medical care, and/or failed to take any or appropriate action in an attempt to reduce or eliminate any alleged scarring or pigment changes. Interestingly, this isn’t the only lawsuit this year regarding burns to private parts. Leota Walker also sued the company in June to address her third-degree burns.

Per the outlets, this isn’t the first time attorney Nick Rowley has taken on the coffee giant regarding similar injury claims. Last year, Rowley won a $50 million jury verdict for a Postmates driver named Michael Garcia. In that case, Garcia claimed he suffered severe burns and disabling nerve damage to his genitals after a cup of hot tea he was picking up at a Starbucks drive-thru spilled on him because the drink was improperly secured in its carrier. 

The court later added $12 million to that verdict, bringing the total to $60 million. Per the NY Post, at the time of that verdict, Rowley stated, “This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility.” In a different instance, a New York woman is taking McDonald’s to court claiming that her fries left her with severe burns and physical trauma.

The Independent noted that the history of hot beverage litigation is long and often cited in these types of cases. A notable example is the 1992 case involving Stella Liebeck. She was severely burned by coffee at a McDonald’s drive-thru in Albuquerque, New Mexico. While that case became a frequent target for late-night comedy, the reality was that Liebeck suffered third-degree burns across six percent of her body.

The outlet reported that Podlipskiy is seeking general and special damages to be determined at trial, in addition to legal fees and court costs. Both sides are expected to file a joint discovery plan by September 4.