----- Original Message ----- From: "Robert Seeberger" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Saturday, July 13, 2002 11:01 AM Subject: Re: Fw: [Seebergers] Stella Award Candidates
> > > > Now we have the Stella Awards, given to the individuals who win the > most frivolous lawsuits ever.The Stella Awards are named in honor of > 81-year-old Stella Liebeck, the woman who won $2.9 million for > spilling a cup of McDonald's coffee on her crotch. There is a bit of uban legand concerning this. I have a lawyer friend who was familiar with the particulars of this suit. First of all, although its not well known, the jury award is not the final word. IIRC, the actual award she got was in the range of $350,000. This was high, considering her medical bills were only in the $50,000-$60,000 range, but there were reasons for this. First of all, the damages were a lot more severe than you might think. The coffee was, basically, boiling hot. There was a legal limit of 190 degrees for the coffee, and it was well above that. She suffered third degree burns in her genital area, and required plastic surgery. Further, the McDonalds in question had been cited several times for this, and they claimed to have corrected the problem. Thus, a company which had been warned numerous times had, through the result of willful violation of state law, caused very significant damages to the woman. So, a 6x or so multiplier was the maximum, but not out of range. The jury awarded 3.5 million for a couple of reasons. First, there were the facts in the case. They probably should have reasonably decided on the $350,000. But, there were complicating factors. McDonalds was stupid enough to hire arrogant lawyers who talked down to the jurors and mocked the plaintiff. They seemed to have the attitude that McDonalds was above the law. The jurors sent a message. Indeed, virtually every news story about outrageous settlements neglects to mention that the settlement is later reduced on appeal. My friend told me that there were legal limits on compensation. When a jury exceeds the law, they are thanked and excused, and the award is reduced upon appeal. That doesn't mean that there are not problems with the tort system in the US. But, it is not that simple. Dan M.
