A delivery driver has won a £38million payout having been left with a “disfigured penis” from serious burns when a .

Michael Garcia needed skin grafts and other operations after the boiling hot venti-sized Starbucks tea fell into his crotch moments after he bought it. His lawyers argued successfully that the injuries were permanent and life changing. Mr Garcia sued over the February 8, 2020, incident and on Friday a found in his favour.

It emerged a Starbucks employee had not properly wedged the hot drink, that was at least 180C, into a takeout tray before handing it to him at the Los Angeles outlet.

Surveillance footage showed a barista preparing the drinks before handing them over to Mr Garcia, when one of the drinks fell onto his lap. He was seen screaming in pain before appearing to drive forward a few yards.

Court records stated that within 1.4 seconds of Michael taking possession of the tray, the unsecured cup fell directly into his lap, the lid popped off and the scalding hot tea caused third degree burns to his penis, groin, and inner thighs. He was taken by paramedics to the emergency room.

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“On , Michael began treatment at Grossman Burn Center, where they performed two skin grafts on his penis, first with cadaver skin, then they performed a debridement (which removed the nerves in his penis that cause pleasurable sensation). The doctors then applied pig skin, to save his penis.” stated Trial Lawyers for Justice.

According to the court records, Starbucks has a documented corporate policy that hot drinks must be fully and safely secured in the tray before being handed over to customers.

“Michael Garcia’s life has been forever changed. No amount of money can undo the permanent catastrophic harm he has suffered, but This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility," Garcia's lawyer, Nick Rowley said in a statement following the verdict.

Starbucks was ordered to pay Mr Garcia $50million and a statement from Trial Lawyers for Justice said this could rise to $60million including fees and costs.“ Michael suffered life altering third-degree burns to his penis, and the jury found Starbucks 100% responsible for his injuries,” said the law firm.

Starbucks has hit out at the jury and the damages. "We disagree with the jury's decision that we were at fault for this incident and believe the damages awarded to be excessive," a spokesperson for the company said.

"We have always been committed to the highest safety standards in our stores, including the handling of hot drinks," the statement continued. The outcome of the lawsuit drew comparisons to a lawsuit from the 1990s where a woman in New Mexico was initially awarded $3million in damages from McDonald's.