A 12-year-old girl whose arm was scalded when a takeaway cup of tea she was carrying under her elbow in a Starbucks café spilled on her, has settled a High Court action for €85,000.
Demi Mooney, now 16, was in Starbucks on Henry Street in Dublin with her grandmother on December 21st, 2014, when she bought a Frappuccino coffee, a tea and a large cookie. She was carrying the coffee in her left hand, the cookie in her right and the tea between her elbow and ribs when the tea spilled on her.
In her action, brought on her behalf by her mother Siobhan Mooney, it was claimed she should have been provided with a tray for the hot drinks, particularly as she was a child.
Coffee Unlimited Company, trading as Starbucks, fully contested the case and the court heard there were issues concerning whether she had been offered a tray and of contributory negligence.
Michael Byrne SC, for Demi, said an offer of €85,000 had been made by the defendant.
Given the plea of contributory negligence, which counsel said was in the region of 20 to 25 per cent, and a prognosis the scarring to her arm was permanent, it was felt this was a fair and reasonable offer.
Immediately after the incident, the girl received assistance from a nurse and doctor who were on the premises.
She went to Temple Street Children’s Hospital where she underwent repeated treatments in the plastics clinic as well as for occupational therapy.
Counsel said her consultant was of the view, because the scarring to her arm was permanent, further treatment would make things worse rather than better.
The main difficulties for her were cosmetic and she wears long sleeved garments.
She was at an age when appearances are particularly important.
Mr Justice Garrett Simons approved the offer, saying it would come very close to what a judge might decide the case was worth if successful at trial.