The $US50,000 figure the Kohrs demand includes medical costs, legal fees and damages.
Starbucks have argued that because the cup of coffee was given to Kohr for free, he isn't covered by the same protections as a paying customer.
However, WRAL reported that Kohr has argued that because the freebie is only available to uniformed officers, that constitutes 'an agreement' between him and the company.
The Kohrs originally named two baristas in their case, as well as International Paper, who manufacture the cups, but now the suit is directed solely at Starbucks.
A Starbucks spokesman declined to comment directly on the case, but said the company serves 4billion coffees per year in paper cups and that only 59 have collapsed.
- Daily Mail