-Caveat Lector-
------- Forwarded message follows -------
Date sent: Fri, 04 Jan 2002 10:01:08 -0500 (EST)
From: [EMAIL PROTECTED]
Subject: SNET: So Why Even Show Up For Jury Duty....?
To: [EMAIL PROTECTED]
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....just let the judge do it and say yourself a trip to the
courthouse............Bob
<A HREF="http://www.consumerrights.net/mcdonalds.html";>The Washington Center for
Consumer Law -- The McDonalds Coffee Case</A>
http://www.consumerrights.net/mcdonalds.html
The McDonald's Coffee Case
Sorting through fact and fiction....
Myth: An opportunistic old woman launched a frivolous lawsuit when she
spilled her McDonald's coffee on her lap.
Truth: Lieback was sitting in the passenger seat of her grandson's car
holding a coffee after purchasing it from a drive-through window of a
McDonald's. When she opened the lid to add cream and sugar, she spilled the
coffee.
The simple accident caused third-degree burns on more than 6 percent of her
body. She was treated in a hospital for a week. McDonald's served coffee 20
or so degrees hotter than the industry standard. The woman, Stella Liebeck,
underwent numerous skin-graft surgeries as a result of her third-degree
coffee burns to her thighs and groin area. She had permanent scarring on more
than 16 percent of her body.
McDonald's had already ignored more than 700 similar claims of coffee burns,
many involving children. The company even ignored a request from the
Shriner's Burn Institute in Cincinnati to turn down its coffee.
McDonald's refused to pay the then 79-year-old woman's initial medical
expenses totaling $11,000. McDonald's actually countered with an offer of
$800. And they also refused to turn down the heat on their coffee. Left with
$20,000 unpaid bills, she finally hired a lawyer.
A mediator later recommended the parties settle for $225,000. Again,
McDonald's refused and the case went to trial.
McDonald's representatives lied to the court and jury about the existence of
other claims. A jury reduced the original verdict of $200,000 to $160,000 for
contributory negligence - Liebeck spilled it on herself.
Based on McDonald's annual profits of more than $1 billion annually, and more
than $1.3 million gross daily coffee sales, the jury levied two days of
coffee sales receipts as punitive damages for a punitive damage award of $2.7
million.
A judge later reduced the $2.7 million jury award to $480,000. McDonald's
later settled the case for an undisclosed amount, requesting the deal be kept
sealed. Most major newspapers ignored the judge's reduction and the final
outcome of the case.
Punitive damage awards are not currently allowed under Washington law. Juries
undoubtedly return verdicts when faced with a large corporate defendant who
has ignored reasonable pleas to resolve such situations or grievances.
In this case, McDonald's simply refused to turn down the heat, so the jury
turned it up on McDonald's.
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Steve Wingate, Webmaster
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