By Della Hasselle
DNAinfo Reporter/Producer
MANHATTAN — A $3 million lawsuit filed against Starbucks by a Manhattan grandmother who was hospitalized after spilling hot tea on her foot was dismissed by an appeals court Tuesday, according to the New York Post.
The grandmother, Rachel Moltner, charged Starbucks with negligence after she was served hot tea in two Venti-sized cups. The doubled cup tumbled when she attempted to take off the lid, the Post reported.
Moltner's lawyer, David Jaroslawicz, said that investigations show Starbucks encourages employees not to double cup the drinks, and that the coffee company started using tighter lids right before the accident happened, the Post reported.
Three judges at the U.S. Second Circuit Court of Appeals in Manhattan, however, cited a related case from 2003 in their dismissal.
"Double cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one's hand," the case said, according to the Post.
