a little litgation hx...

[phragle]

everybody has joked around about the lady that sued McDonalds for the spilled coffee... the actual facts arent really know.. aprox 18 months before the incident happened to somebody else resulting in 2nd degree burns..a little more intense than a simple 'scalding' McDonalds settled that case out of court for very little money by agreeing to lower the temp of their coffee.. Thus when it happened to the elderly lady (who was burned so badly she needed multiple skin grafts), she being on a fixed income intially only wanted the extensive medical bills paid for. it was the jury, after hearing of the first case that awarded the multimillion dollar sum. How did the jury detemine the huge sum? the figure was arrived at by examining records submitted by Mcdonalds.. the figure was exactly equal to the figure they submitted as one days coffee sales. The judge than slashed that figure drastically. So it was a bit more than some minor skin irritation from spilling coffee. had mc D's follow thru with the previous agreement..the suit never would have happened.
and there you have the rest of the story.

 

[Davidmnc]

Phragle..................Youz a ga-damned genius!!

 

[Wobble]

everybody has joked around about the lady that sued McDonalds for the spilled coffee... the actual facts arent really know.. aprox 18 months before the incident happened to somebody else resulting in 2nd degree burns..a little more intense than a simple 'scalding' McDonalds settled that case out of court for very little money by agreeing to lower the temp of their coffee.. Thus when it happened to the elderly lady (who was burned so badly she needed multiple skin grafts), she being on a fixed income intially only wanted the extensive medical bills paid for. it was the jury, after hearing of the first case that awarded the multimillion dollar sum. How did the jury detemine the huge sum? the figure was arrived at by examining records submitted by Mcdonalds.. the figure was exactly equal to the figure they submitted as one days coffee sales. The judge than slashed that figure drastically. So it was a bit more than some minor skin irritation from spilling coffee. had mc D's follow thru with the previous agreement..the suit never would have happened.
and there you have the rest of the story.

Skin grafts...........I'd be suing too.

 

[Dude! Sweet!]

Dude! That's what I'm talking about... I'm so F'ing sick of hearing people use that myth to support some populist notion about the litigation industry or human nature... (Generally about a lack of personal responsbility for your actions.) The only thing that I take from a person brining up that case is that people will say all sorts of crazy sh*t without knowing the facts...

Skin grafts dude... on her puzzy, from coffee... OUCH!

 

[t500hps]

I thought I read that McDonald's...on appeal, had the verdict overturned and paid virtually nothing to that "old lady". Not sure if it's true, but isn't most of this stuff you read on the internet accurate?
Can anyone verify THIS story?

 

[Dude! Sweet!]

Get Frankie's Attorney to pull it off of Lexis.

 

[Dude! Sweet!]

Tracy McGee of Rodey, Dickason, Sloan, Akin & Robb, the lawyers for McDonald's, strenuously objected. "First-person accounts by sundry women whose nether regions have been scorched by McDonald's coffee might well be worthy of Oprah," she wrote in a motion to state court Judge Robert Scott. "But they have no place in a court of law." Judge Scott did not allow the photographs nor the women's testimony into evidence, but said Mr. Morgan could mention the cases.

http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm

 

[Dude! Sweet!]

And just so I'm clear, I'm not defending the litigation industry, the majority of those guys are scumbag ambulance chasers who spend all day fighting with lying scumbag "Philadelphia Lawyer" defense teams...

But lets not forget it takes scumbag plaintiffs to file law suits... Lawyers are just the gun, shiny, attractive, get rich quick guns, but guns none the less... People sue people lawyers can't just file suits on their own.

And, the real crux of my comment is that people will say all sorts of crazy crap without thinking about what they're talking about or considering ANY of the facts. Stupidity in action.

And if that's not a fact, then Paul Lynde doesn't wear a bright blue murkin!

 

[Perlmudder]

I don't know about you guys but I can not stand the people who sue fast food chains saying they did not know that if they ate it they would get fat. I had Mcdonalds the other morning for hangover breakfast, I felt so ****ty after I don't know how you could eat that crap everyday.

 

[Dude! Sweet!]

Tripple H, you hit the nail right on the head... People are F'ing stupid. Nobody wants to take responsibility for the actions any more. Not people, not companies, nobody...

That stuff goes through me like sh*t through a tin horn. If I eat McDonalds, I've got the big D (and I don't mean Dallas) within 30 minutes of eating there.

 

[Perlmudder]

Tripple H, you hit the nail right on the head... People are F'ing stupid. Nobody wants to take responsibility for the actions any more. Not people, not companies, nobody...

That stuff goes through me like sh*t through a tin horn. If I eat McDonalds, I've got the big D (and I don't mean Dallas) within 30 minutes of eating there.

don remind me! i still havent gotten outa bed from last night =(

 

[DonziGirl]

everybody has joked around about the lady that sued McDonalds for the spilled coffee... the actual facts arent really know.. aprox 18 months before the incident happened to somebody else resulting in 2nd degree burns..a little more intense than a simple 'scalding' McDonalds settled that case out of court for very little money by agreeing to lower the temp of their coffee.. Thus when it happened to the elderly lady (who was burned so badly she needed multiple skin grafts), she being on a fixed income intially only wanted the extensive medical bills paid for. it was the jury, after hearing of the first case that awarded the multimillion dollar sum. How did the jury detemine the huge sum? the figure was arrived at by examining records submitted by Mcdonalds.. the figure was exactly equal to the figure they submitted as one days coffee sales. The judge than slashed that figure drastically. So it was a bit more than some minor skin irritation from spilling coffee. had mc D's follow thru with the previous agreement..the suit never would have happened.
and there you have the rest of the story.

We studied the case in my law class. Whenever someone brings it up I try to bring up the facts and generally get ignored.

I think she just wanted her medical bills and to pay for the time off her daughter had to take to drive her to and from her medical appointments.

 

[Bobcat]

and another thread turns to bowel movements:rofl::rofl:

 

[Chris]

Some facts that I believe a "reasonable" person would completely agree upon...

Coffee is hot. In fact, the average coffeee purchaser expects the beverage to be hot and finds coffee that's merely warm to be objectionable.

Driving an automobile is an activity that exposes both the driver as well as their occupants, pedestrians and the occupants of other vehicles to the potential of significant peril. The 100% focus of operator's attention is the centerpiece of every driver's training program ever conceived. Distracted driving is a statutory violation in all 50 states. And virtually all commercial and governmental operators of motor vehicles are prohibited from these sorts of distracting activities by their employers.

McDonald's has never offered coffee or any other product under the premise of being "vehicle operator safe", nor has ever inferred that consuming any of their products while operating a motor vehicle is a wise choice.


If some person kills another with a claw hammer, is it incumbent upon the store that originally sold that hammer to discontinue that sale? If my neighbor is killed driving his car, does the dealer have an obligation to cease business operation? Should GM stop?

The woman bought a product with the full knowledge of it's perils, then chose to be imprudent in it's use. Then she not only refused to take personal responsibility for her actions, she found some opportunistic scumbag to help her cash in. This is why some reasonable form of tort reform needs to happen in this country. Basically, the woman and her attorney had nothing to lose in taking this action.

 

[Wobble]

Some facts that I believe a "reasonable" person would completely agree upon...

Coffee is hot. In fact, the average coffeee purchaser expects the beverage to be hot and finds coffee that's merely warm to be objectionable.

Driving an automobile is an activity that exposes both the driver as well as their occupants, pedestrians and the occupants of other vehicles to the potential of significant peril. The 100% focus of operator's attention is the centerpiece of every driver's training program ever conceived. Distracted driving is a statutory violation in all 50 states. And virtually all commercial and governmental operators of motor vehicles are prohibited from these sorts of distracting activities by their employers.

McDonald's has never offered coffee or any other product under the premise of being "vehicle operator safe", nor has ever inferred that consuming any of their products while operating a motor vehicle is a wise choice.


If some person kills another with a claw hammer, is it incumbent upon the store that originally sold that hammer to discontinue that sale? If my neighbor is killed driving his car, does the dealer have an obligation to cease business operation? Should GM stop?

The woman bought a product with the full knowledge of it's perils, then chose to be imprudent in it's use. Then she not only refused to take personal responsibility for her actions, she found some opportunistic scumbag to help her cash in. This is why some reasonable form of tort reform needs to happen in this country. Basically, the woman and her attorney had nothing to lose in taking this action.

As I understand it, the lid was not secured and the cup collapsed when it was handed from one hand to the other. Any way you look at it Mcd's had an obligation to secure the lid and safely deliver it.

 

[Chris]

Now that I can buy. I never trust those SOB's.

 

[Tony]

As I understand it, the lid was not secured and the cup collapsed when it was handed from one hand to the other. Any way you look at it Mcd's had an obligation to secure the lid and safely deliver it.

Consider the average intelligence level of 99.99% of McDonalds employees. They are usually too stupid to understand what "no pickles" means, do you honestly belive they are smart enough to properly snap the lid on a drink?

 

[99fever27]

Damn now I feel the urge for a double quarter pounder meal..:drool5:

 

[Cash Bar]

Yeah, and I can't get Dominos in under 30 mins guaranteed anymore cause some dumbazz jury awarded LIKE $78 MILLION to someone that got hit by a driver. $750k in ACTUAL damages and $78 Million in punitive.

F'n ridiculous award no matter how you look at it.

 

[2112]

A perspective from the Socialist Northwest.

2 Things;

1st. Since this lawsuit, it has become nearly impossible to get a HOT cup of freaking coffee. I like it screaming hot so I can nurse it for 20-30 minutes and have it still be warm as I get to the bottom. Now, the hottest they will give you is 178 degrees and that is only if you threaten not to pay for it it isn't super hot.:rant:

2nd. Chris mentioned tort reform. Again up here in Washington, one of the most lucrative methods of litigating is suing the city, county and state Governments. They put up a lame defense, miss deadlines, make poor arguments, do poor research and after they get there heads handed to them, never appeal. The judgments are usually substantial (deep pockets, right?). Governments are usually self insured to a large extent.:leaving:

I mention this because with socialized medicine just around the corner, the attorneys that specialize in suing the Government are licking their chops. What a bonanza! And ultimately, we all pay in higher premiums and taxes.