NNTP-Posting-Date: Mon, 22 Dec 2003 19:27:16 -0600
From: Carey Gregory
Subject: Re: Can this mother win this lawsuit?
Date: Mon, 22 Dec 2003 20:27:37 -0500
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email@example.com (Don Klipstein) wrote:
> You should find better examples of frivolous lawsuits. The facts of the
>McD's suit are:
>1. The coffee was not at a usual coffee temperature, but significantly
>hotter. The lady required skin grafts.
>2. Before suing, the lady asked for no more than reimbursement of her
>medical bills, and McD's refused.
>3. McD's was on notice of 600 previous burns from their excessively hot
>coffee, and also the extra-tight coffeecup lids. Dislodging the lid
>all-too-often spilled coffee.
4. The award was significantly reduced on appeal. I don't recall the final
number, but it was nowhere near the $3 million claimed (about $100K, as I
5. Evidence was produced at trial showing that McD's intentionally made its
coffee excessively hot to discourage free refills despite having been
advised that the temperature would cause burns and lawsuits. Management
calculated that the increased profits would exceed damage awards. In other
words, they knowingly and willfully chose to inflict burns and be sued.