More Family of Dead People Going After Deepest Pockets

[Greenday]

This is why it's frivolous. She ordered a scalding hot drink. A drink she knew was served scalding hot. She had an accident and injured herself. It was at no fault of McDonald's at all. There were no other reports of burns from that batch of coffee on that day or the days after it to show any kind of defect in the machine causing it to be hotter than it should be. McDonald's got railroaded by a frivolous lawsuit and a sympathetic jury.

It's not frivolous because the coffee was served well above those stated temperatures.

I have no love for the owner of the Patriots, but dear God do I hope he sticks it to them. Hopefully he counter-sues for lawyer and court fees.

[BlaqueKatt]

If it hadn't been for the judge reducing the amount, she would've gotten the full $3 million.

nice cherry picking, I personally wouldn't expect to be served something meant to be consumed to be declared "not fit for consumption" due to it's temperature, but I'm strange like that.

McDonald's quality control managers specified that its coffee should be served at 180-190 degrees Fahrenheit. Liquids at that temperature can cause third-degree burns in 2-7 seconds.

From 1982 to 1992, McDonald's coffee burned more than 700 people, usually slightly but sometimes seriously, resulting in some number of other claims and lawsuits.

We have no idea if any of these were from the same day or same batch, you're making an assumption.

This is why it's frivolous. She ordered a scalding hot drink. A drink she knew was served scalding hot.

Really?

Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature, admitted that it did not warn customers of this risk, could offer no explanation as to why it did not, and testified that it did not intend to turn down the heat even though it admitted that its coffee is "not fit for consumption" when sold because it is too hot.

was she psychic?

[Andara Bledin]

This is why it's frivolous. She ordered a scalding hot drink. A drink she knew was served scalding hot.

A drink that was served well beyond the temperature deemed safe by the health department and for which that particular store had been cited and fined several times previously. They served their coffee at a temperature that violated the health code because it was easier to pay for injuries (and even then, you had to take them to court to make it happen) and fines than it was to just make new coffee more often and tell those who complained that the coffee they bought half an hour ago was no longer hot enough to go pound sand.

If the coffee had been within regulated temperatures, she wouldn't have suffered horrible, disfiguring scarring and the suit would have been frivolous. If it had been without merit, the judge wouldn't have allowed any punitive damages to stand.

Personally, I can't believe people still can't get this shit right no matter how many times they get corrected on this site.

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[crashhelmet]

Again...

McDonald's quality control managers specified that its coffee should be served at 180-190 degrees Fahrenheit. Liquids at that temperature can cause third-degree burns in 2-7 seconds. Such burns require skin grafting, debridement and whirlpool treatments to heal, and the resulting scarring is typically permanent.

And...

Coffee is supposed to be served in the range of 185 degrees! The National Coffee Association recommends coffee be brewed at "between 195-205 degrees Fahrenheit for optimal extraction" and drunk "immediately". If not drunk immediately, it should be "maintained at 180-185 degrees Fahrenheit."

The coffee was at the same temperature it's at for all other customers, served in all other restaurants around the world. It's the same temperature your home coffee makers brew and keep it at. Once it's off the burner, it immediately starts to cool down. This wasn't an Iced Coffee at Starbucks. It was a cup of hot coffee.

Personally, I can't believe people still can't get this shit right no matter how many times the facts are presented.

[Duelist925]

Pretty much. Americans are the most litigious people on earth. But I think the reason for it is because we are the most reluctant people to apologize on earth. We hate to be told we're wrong . . . about anything. And when we can't get satisfaction for wrongs, real or perceived, we rely on the only system we have to get redress: the courts.

Dueling went out of style over 150 years ago.

I rather wish non lethal duels could come back in style. Preferably silly ones, but settling an otherwise meaningless dispute via, say, safe Fencing or paintball dueling would be interesting.

[Nyoibo]

Dueling went out of style over 150 years ago.

I rather wish non lethal duels could come back in style. Preferably silly ones, but settling an otherwise meaningless dispute via, say, safe Fencing or paintball dueling would be interesting.

I say bring back duels, it could be a source of entertainment.

[Panacea]

I rather wish non lethal duels could come back in style. Preferably silly ones, but settling an otherwise meaningless dispute via, say, safe Fencing or paintball dueling would be interesting.

I'd pay good money to see it

[Duelist925]

I say bring back duels, it could be a source of entertainment.

I'd pay good money to see it

It'd be a PPV hit.


"And todays matchup is Johnathan Marshal, and Kevin Marshal, two brothers who are dueling over who will have rights to first cut of the turkey this Thanksgiving. They've chosen the traditional Hulk Fisticuffs, and if no winner is acertained within three rounds, crotch targeted paintballs at twenty yards."

[Racket_Man]

I had a cashier tell me they got fined for selling alcohol to an of aged person that went to a party and someone underaged got alcohol poisoning. Thats out of their control after it leaves the property.

I find that a bit disturbing because unless the of age person SPECIFICALLY and up-front stated to the cashier they were going to a party and let/give underage persons alcoholic drink then there is NO connection to the cashier. VERY Flimsy at BEST. I can not see the connection. Did the store and manager and the owner itself get sued and/or fined and/or put in jail by the state/county?????

[draco664]

However, rather than sue the family of the woman responsible for the accident, they're going after the Kraft Group, which owns the stadium, claiming that it is somehow their fault that they allowed barely-underage girls to consume alcohol that they or other visitors had brought themselves in the parking lot and then proceed to engage in driving while under the influence.
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I'm no lawyer, I don't even play one on TV, but it does smack of a 'give me some shut-up-and-go-away money'. For a civil suit to succeed, the defendant must have at least a vague responsibility. To be culpable for something like this, Kraft would have to be selling booze, or at the very least have a BYO licence.

I guess the least sucky background would be the grieving parents being taken advantage of by shyster lawyers looking for a quick payday.

[bex1218]

I find that a bit disturbing because unless the of age person SPECIFICALLY and up-front stated to the cashier they were going to a party and let/give underage persons alcoholic drink then there is NO connection to the cashier. VERY Flimsy at BEST. I can not see the connection. Did the store and manager and the owner itself get sued and/or fined and/or put in jail by the state/county?????

To be honest, I am not sure. It came up when my gf at the time was buying lottery tickets and had to check both our IDs. I think it was just a fine the county wants to put on to make more money. I sell alcohol to people, at times. I don't want to be blamed for other people's stupidity. Just doing my job.

[HYHYBT]

So who cares what the coffee grower's association or whatever says is the best temperature for extraction if that is higher than the temperature which is SAFE, which it is?

[HYHYBT]

To be honest, I am not sure. It came up when my gf at the time was buying lottery tickets and had to check both our IDs. I think it was just a fine the county wants to put on to make more money. I sell alcohol to people, at times. I don't want to be blamed for other people's stupidity. Just doing my job.

Sounds like a great way to get stores to stop selling alcohol entirely.

[jackfaire]

To my mind any lawsuit is frivolous if the incident is preventable by the victim. Showing a lack of good judgment is the responsibility of the person bringing the lawsuit against the alleged at fault company.

My brother got a severe burn from having coffee spilled on him once that wasn't as hot as the coffee that woman spilled on herself.

Hot food and drinks will burn exposed skin. Touching hot things will burn you. Holding a drink cup between your legs and pulling the lid off almost always results in spilling which is why most people don't hold drinks that way while pulling the lid off.

The coffee unless it was merely warm would have burned her. That it spilled was not the company's fault.

[Andara Bledin]

To be honest, I am not sure. It came up when my gf at the time was buying lottery tickets and had to check both our IDs.

If the solution was for the clerk to check both of the IDs of people at the counter, it sounds like the underage drinkers were likely with the adult buying the alcohol, thus the fine.

The coffee unless it was merely warm would have burned her. That it spilled was not the company's fault.

It's not that it just burned her. I've had low-end 2nd degree burns. They suck ass but don't require skin grafts.

The only reason she went after them for money and they were found culpable enough to be required to pay her money was because the coffee they were serving was unacceptably dangerous at the temperature they served it, capable of causing 3rd degree burns within seconds of exposure.

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