HOUSTON - A Houston attorney has dismissed her lawsuit against Starbucks for burns she allegedly received after spilling “boiling” coffee on her lap.

Seeking up to $1 million in damages, Katherine Mize filed her suit June 16, 2016, in Harris County District Court. The Starbucks employee who served the coffee was also named as a defendant.

On Aug. 22, Mize filed a motion to dismiss, stating she no longer wishes to pursue the action, court records show.

The motion was granted that same day and the defendants were dismissed with prejudice.  

According to the original petition, on July 13, 2014, two years prior to when the litigation was filed, Mize was at the drive through of a Houston Starbucks to purchase coffee for herself and her colleagues, “who were scheduled to do volunteer work that morning.”

While Brie was handing a 20-ounce cup of coffee to Mize, she squeezed, causing the top to pop off and “ultimately showering Mize with boiling liquid,” the suit states.

The boiling point of water is 212 Fahrenheit. Starbucks serves it hot beverages at a temperature between 145 to 165 degrees, according to a Business Insider article.

She alleged Starbucks had a duty to provide coffee that “was not unreasonably dangerous.”

Mize was suing for her pain, mental anguish, impairment, disfigurement, medical expenses and past and future lost earning capacity.

She was represented by Brian Humphrey II, attorney for the Houston law firm Abraham, Watkins, Nichols, Sorrels, Agosto & Friend.

Case No. 2016-41313

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