Spill lands Starbucks in hot water

For those of us old enough, we remember the infamous McDonald’s hot coffee lawsuit brought by Stella Liebeck in the 90s. Stella suffered third-degree burns on 16% of her body when the scorching liquid spilled on her legs and groin area, ultimately resulting in a jury trial when the two couldn’t reach an initial settlement. The judge reduced punitive damages from $2.7 million to $480,000, and the $200,000 compensatory damages were slashed to $160,000. Stella and McDonald’s eventually reached a private settlement.

Stella’s lawsuit became big news and was considered by many to be a frivolous money grab despite her serious injuries and treatment. Like a blast from the past, a jury just told Starbucks to cough up $50 million after Postmates driver Michael Garcia received third-degree burns to his groin and thighs while picking up hot tea in 2020. Michael had multiple skin grafts and claimed he suffers from pain with friction to the burned area.

For all you lookie-loos out there, you can watch the video of the incident from a camera directed at the Los Angeles’ Starbucks’ drive through window and see the extreme reaction after Michael is handed the drinks and the cup falls. The crux of Michael’s argument was that the employee neglected to secure the tea in the drink carrier.

As one would expect, Starbucks is appealing the massive jury award, stating that while it has sympathy for Michael, the beverage giant is not to blame. I’d be surprised if they don’t reach a settlement to avoid the continuous legal battle and potential bad press. However, companies should be reminded that in instances like these, it’s not just the customer who lands in hot water.

New year, new child support formula manual

New year, new you, new child support formula manual. Unlike your new year’s resolutions, the 2025 Michigan Child Support Formula (MCSF) manual must be adhered to for the next four years until another version is ushered in.

Nothing earth shattering has been changed in the 2025 version, although several things are worth mentioning. The annual ordinary medical amount that the payee of support must pay first before unreimbursed health care costs for the children are divided between the parties has actually been reduced. Prior formulas only increased the minimum amount the payee had to spend before the percentage split kicked in. However, the 2025 MCSF lowered the amount from $454 per year per child to $200 per year per child.  The new manual emphasizes that the payer of support pre-pays his or her percentage as part of the monthly support amount – while this is not new, clarification is helpful.  Uninsured health care costs for the children incurred by both the recipient and payer of support are subject to division.

 

Day care costs also have a new expiration date. The prior formula provided that child care costs could be included until August 31^st following the child’s 12^th birthday. Now, child care continues until the last day of the month that the child is under the age of 13. Of course, a court can extend the child care expiration date should it be necessary to do so for that specific case and child.

 

If a parent is incurring costs associated with his or her incarceration or conviction, those recurring payments can be deducted when calculating child support. This does not apply if the crime was failure to support children, or committed against the children in the case (or their sibling), the other parent or custodian.

 

Along with a new formula comes updated SCAO forms – be sure to use the most recent Uniform Child Support Orders and Deviation Addendum when submitting your support orders to the court. The Friend of the Court approval process should catch if an old form has been used, but it’s always easier to have it right the first time.

 

Sticking with the 2025 MCSF manual is easy because you don’t have a choice – good luck with the rest of your resolutions.

Following MCR is a must for motions

The four most important words when you file a motion are “follow the court rules.” The Michigan Court Rules (MCR) are the bible for dos and don’ts when petitioning the court for relief. Individual counties may have their own additional local rules so it’s important to peruse those also.

The risk of not paying attention to the MCR can lead to disastrous results in court – if you even make it that far. Service rules for filing a motion, notice of hearing and proof of service are of utmost importance and determine whether your motion can even be heard before the judge that day. The opposing party or his attorney must receive copies of your pleadings within a certain amount of time before the actual hearing. In addition, you must file a proof of service saying when and how you gave notice of the hearing and motion. It’s not enough to simply tell the court you did it – you must “prove” it by filing the proof of service/certificate of mailing in the court file.

 

At times, parties will accuse the other of lying on the proof of service, saying the documents were never actually sent, which may or may not be true. The USPS is blamed on the daily, to the extent you’d start to believe carrier pigeons would be more reliable.

 

The advent of electronic filing, called MiFile in Michigan, has helped alleviate some service questions as emails can be added to the system, ensuring the documents are routed directly to that person. MiFile also allows documents to be filed anytime of day, making the process more accessible than coming to the courthouse during business hours, and is considered personal service, requiring less advance notice than mailing. If available, attorneys must use MiFile, but self-represented parties can choose to file pleadings the old-fashioned way. Depending on the type of case, MiFile may not be available. One caution about MiFile – it can take 24+ hours for the document to reach its intended destination due to employees having to review and route the documents to the correct file and location, so courtesy emails are appreciated.

 

Rules governing service can be overwhelming and confusing. However, if they aren’t followed, you risk having your hearing canceled and not heard before the court until service is properly effectuated. During our dockets, I talk to the parties who have failed to provide proper service and explain that they won’t have an audience with the judge that day. Often both parties attend the hearing because they were notified but the moving party didn’t know he needed to file a piece of paper saying the other side was served. If both parties attend and agree to move forward, any defects in service can be waived; however, if a party demands proper service, the motion must be rescheduled.

 

Don’t forget to file a proof of service for the new date of hearing – if you don’t, you will end up in a “Groundhog Day” situation. If your concerns are important enough to bring to the judge’s attention, make sure you follow through on what’s required of you to have your day in court.