At 9 a.m. on Sept. 28, 2010, plaintiff Roshenara Moore, 59, a respiratory therapist, was at a Starbucks coffee shop, located at 2059 Mountain Blvd., in Oakland, when a cup of coffee was spilled from the counter onto the exposed skin of her right foot, as she was wearing open flip-flop sandals. As a result, Moore claimed disfiguring burn to her right foot. Moore sued Starbucks Corp. for negligence. She claimed that she was an invitee at the store where she ordered two cups of black coffee and that the barista breached the duty of care when she placed a hot cup of coffee on the counter with no lid and then caused the cup to spill over the counter. Plaintiff’s counsel noted that the barista and Moore both testified that they did not recognize one another, and another barista who was a witness testified that she did not recognize Moore either. Counsel also noted that the camera in the store at time of incident was not working. Starbucks’ barista claimed that she only served Moore one cup of coffee and that she put a lid on it. Thus, defense counsel argued that Moore was negligent when she knocked the coffee off the counter onto her own foot when she withdrew her hand while making payment., Moore was burned on her right foot. She self-treated the scald wound by applying Vitamin E oil to the area and claimed that the treatment worked, except for a patch of skin pigment discoloration. The plaintiff’s expert testified that the scald caused second degree burns to Moore’s right foot. The expert noted that unlike third-degree burns that destroy nerve endings, second degree burns do not destroy the nerve endings that would cause Moore to sustain pain and suffering. Moore did not claim any medical bills, as she self-treated, but claimed that she lost a day of work. She also claimed that she was left with permanent discolored skin on her foot. Thus, she sought recovery for damages for her pain and suffering and left the sum up to the jury. According to defense counsel, the plaintiff’s expert opined that Moore “might” develop tingling in the area of the burn and that the pigment of Moore’s skin had darkened at the burn site. Counsel also claimed that the plaintiff’s expert also testified that this permanent change in pigmentation was not medically correctable. Defense counsel argued that the plaintiff should be awarded no damages, as Starbucks was free from fault because Moore was the cause of her own harm. In addition, defense counsel contended that the burn was of a minor nature, and that Moore and her attorney were overstating the claim.