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Offline leakingpen

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« Reply #60 on: February 04, 2004, 02:06:39 PM »
well, as some of the burns were 3rd degree, i would say that thats an excessive heat.  i agree that they paid her WAY too much, and she shouldnt have put the coffee between her lap, but law states that coffee is supposed to be served cool enough to drink instantly.  it wasnt.  therefore, mcdonalds was also at fault.  especially considereing it was the third recorded instance of someone being burnt on the coffee at that particular franchise.
« Last Edit: December 31, 1969, 05:00:00 PM by leakingpen »

Offline Paco

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« Reply #61 on: February 04, 2004, 02:14:27 PM »
Can you point me to the law that states "coffee is supposed to be served cool enough to drink instantly"?  It also would have to be a PRE 1992 law, as I am sure it has been amended or changed since as a result of the Stella incident.  Also, realize that "cool enough to drink instantly" is a VERY subjective term.  Some people will REQUIRE that their coffee be scalding hot when served, or will complain.  However, here's the kicker: 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". (Source: NCAUSA: http://www.ncausa.org/public/pages/index.cfm?pageid=71) Exactly what, then, did McDonald's do wrong? Did it exhibit "willful, wanton, reckless or malicious conduct" -- the standard for awarding punitive damages in New Mexico for awarding punitive damages?

The 'Court of Public Opinion' has also issued its verdict:  Stella has become an American icon. Rightly or wrongly, she is a symbol of the American Tort system gone wrong, and most have heard of her case -- and have an opinion on it. For more than 10 years, the term "Stella Award" has been used to refer to any lawsuit that sounds outrageous.
« Last Edit: December 31, 1969, 05:00:00 PM by Paco »

Offline Paco

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« Reply #62 on: February 04, 2004, 02:22:23 PM »
Here are some "great" lawsuits that are classified as having won "Stella Awards" (yes, they are all 100% verifiably true):

<blockquote id="quote"><font size="1" face="Verdana" id="quote">quote:<hr height="1" noshade id="quote">
#7: Shawn Perkins of Laurel, Ind. Perkins was hit by lightning in the
  parking lot Paramount's Kings Island amusement park in Mason, Ohio. A
  classic "act of God", right? No, says Perkins' lawyer. "That would be
  a lot of people's knee-jerk reaction in these types of situations."
  The lawyer has filed suit against the amusement park asking
  unspecified damages, arguing the park should have "warned" people not
  to be outside during a thunderstorm.

#6: Caesar Barber, 56, of New York City. Barber, who is 5-foot-10 and 270
  pounds, says he is obese, diabetic, and suffers from heart disease
  because fast food restaurants forced him to eat their fatty food four
  to five times per week. He filed suit against McDonald's, Burger King,
  Wendy's and KFC, who "profited enormously" and asked for unspecified
  damages because the eateries didn't warn him that junk food isn't good
  for him. The judge threw the case out twice, and barred it from being
  filed a third time. Is that the end of such McCases? No way: lawyers
  will just find another plaintiff and start over, legal scholars say.

#5: Cole Bartiromo, 18, of Mission Viejo, Calif. After making over $1
  million in the stock market, the feds made Bartiromo pay it all back:
  he gained his profits, they said, using fraud. Bartiromo played
  baseball at school, but after his fraud case broke he was no longer
  allowed to participate in extracurricular sports. Bartiromo clearly
  learned a lot while sitting in federal court: he wrote and filed his
  own lawsuit against his high school, reasoning that he had planned on
  a pro baseball career but, because he was kicked off the school's
  team, pro scouts wouldn't be able to discover him. His suit demands
  the school reimburse him for the great salary he would have made in
  the majors, which he figures is $50 million.

#4: Priest David Hanser, 70. Hanser was one of the first Catholic priests
  to be caught up in the sex abuse scandal. In 1990, he settled a suit
  filed by one of his victims for $65,000. In the settlement, Hanser
  agreed not to work with children anymore, but the victim learned that
  Hanser was ignoring that part of the agreement. The victim appealed to
  the church, asking it to stop Hanser from working near children, but
  the church would not intervene. "It's up to the church to decide where
  he works," argued the priest's lawyer. When the outraged victim went
  to the press to warn the public that a pedo priest was near children,
  Hanser sued him for the same $65,000 because he violated his own part
  of the deal -- to keep the settlement secret. The message is clear:
  shut up about outrageous abuse, or we'll sue you for catching us.

#3: Wanda Hudson, 44, of Mobile, Ala. After Hudson lost her home to
  foreclosure, she moved her belongings to a storage unit. She says she
  was inside her unit one night "looking for some papers" when the
  storage yard manager found the door to her unit ajar -- and locked it.
  She denies that she was sleeping inside, but incredibly did not call
  for help or bang on the door to be let out! She was not found for 63
  days and barely survived; the formerly "plump" 150-pound woman lived
  on food she just happened to have in the unit, and was a mere 83
  pounds when she was found. She sued the storage yard for $10 million
  claiming negligence. Even though the jury was not allowed to learn
  that Hudson had previously diagnosed mental problems, it found Hudson
  was nearly 100 percent responsible for her own predicament -- but
  still awarded her $100,000.

#2: Doug Baker, 45, of Portland, Ore. Baker says God "steered" him to a
  stray dog. He admits "People thought I was crazy" to spend $4,000 in
  vet bills to bring the injured mutt back to health, but hey, it was
  God's dog! But $4,000 was nothing: he couldn't even take his
  girlfriend out to dinner without getting a dog-sitter to watch him.
  When the skittish dog escaped the sitter, Baker didn't just put an ad
  in the paper, he bought display ads so he could include a photo. His
  business collapsed since he devoted full time to the search for the
  dog. He didn't propose to his girlfriend because he wanted the dog to
  deliver the ring to her. He hired four "animal psychics" to give him
  clues to the animal's whereabouts, and hired a witch to cast spells.
  He even spread his own urine around to "mark his territory" to try to
  lure the dog home! And, he said, he cried every day. Two months in to
  the search, he went looking for the dog where it got lost -- and
  quickly found it. His first task: he put a collar on the mutt. (He
  hadn't done that before for a dog that was so "valuable"?!) After
  finding the dog, he sued the dog sitter, demanding $20,000 for the
  cost of his search, $30,000 for the income he lost by letting his
  business collapse, $10,000 for "the temporary loss of the special
  value" of the dog, and $100,000 in "emotional damages" -- $160,000
  total. God has not been named as a defendant.

AND THE WINNER of the 2003 True Stella Awards: The City of Madera, Calif.
  Madera police officer Marcy Noriega had the suspect from a minor
  disturbance handcuffed in the back of her patrol car. When the suspect
  started to kick at the car's windows, Officer Noriega decided to
  subdue him with her Taser. Incredibly, instead of pulling her stun gun
  from her belt, she pulled her service sidearm and shot the man in the
  chest, killing him instantly. The city, however, says the killing is
  not the officer's fault; it argues that "any reasonable police
  officer" could "mistakenly draw and fire a handgun instead of the
  Taser device" and has filed suit against Taser, arguing the company
  should pay for any award from the wrongful death lawsuit the man's
  family has filed. What a slur against every professionally trained
  police officer who knows the difference between a real gun and a stun
  gun! And what a cowardly attempt to escape responsibility for the
  actions of its own under-trained officer.
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
« Last Edit: December 31, 1969, 05:00:00 PM by Paco »

Offline Screwloose

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« Reply #63 on: February 04, 2004, 03:52:14 PM »
My friend was saying the real reason that Stella won the Law Suit was not just because the Coffee was serverd too hot, or that the machine was malfunctioning.  From what he was saying, at that time the company was setting the coffee pots too hot on purpose to leach more out of the ground beans.  I'm no coffee expert here but it sounded like a reasonable explination.  They were found negligent for this because it was being done to gain profit from it.  Not just because they were aware of the "malfunction" and took no action to fix it.

Or so I was told. . .

And not to change the subject, but this is the Best Thread Hijacking ever!
« Last Edit: December 31, 1969, 05:00:00 PM by Screwloose »
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Offline leakingpen

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« Reply #64 on: February 04, 2004, 03:54:09 PM »
wow, they're actually suggesting serving at 185?   they must be looking for a lawsuit themselves.
http://www.tap-water-burn.com/
http://www.med.umich.edu/1libr/pa/pa_hotwatr_hhg.htm

and a little more on teh case
http://lawandhelp.com/q298-2.htm
« Last Edit: December 31, 1969, 05:00:00 PM by leakingpen »

Offline Raith

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« Reply #65 on: February 04, 2004, 04:46:43 PM »
Save us from the terrible hot water!

Soon there will be a Bureau of Alcohol, Tobacco, Firearms, and Hot Coffee (BATFHC)...
« Last Edit: December 31, 1969, 05:00:00 PM by Raith »
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Offline Paco

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« Reply #66 on: February 04, 2004, 05:35:23 PM »
<blockquote id="quote"><font size="1" face="Verdana" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by Raith</i>
<br />Save us from the terrible hot water!

Soon there will be a Bureau of Alcohol, Tobacco, Firearms, and Hot Coffee (BATFHC)...
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

ROFL!  As sad as it is, you're not far off.  Some people (Stella?) just don't understand the term "personal responsibility".  There are WAAAAAY too many people who look to blame anything and everything (bad) that happens to them on <i>anything</i> or anyone but themselves.  [V]
« Last Edit: December 31, 1969, 05:00:00 PM by Paco »

Offline leakingpen

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« Reply #67 on: February 06, 2004, 10:17:42 AM »
nicely said raith! and paco, in general i agree with you, but there are some instances where blame does go elsewhere.  i just feel that stella is one of the few that does.
« Last Edit: December 31, 1969, 05:00:00 PM by leakingpen »

Offline azsarge

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« Reply #68 on: February 06, 2004, 12:55:19 PM »
<blockquote id="quote"><font size="1" face="Verdana" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by leakingpen</i>
<br />nicely said raith! and paco, in general i agree with you, but there are some instances where blame does go elsewhere.  i just feel that stella is one of the few that does.
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

Coffee is hot!  Maybe she should have ordered a Coke.  Either way, Stella got her groove back![:P]
« Last Edit: December 31, 1969, 05:00:00 PM by azsarge »

Offline Pancho

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« Reply #69 on: February 06, 2004, 04:17:43 PM »
With $2.9 million, thats one heck of a 'groove'!
« Last Edit: December 31, 1969, 05:00:00 PM by Pancho »
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Offline Paco

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« Reply #70 on: February 06, 2004, 04:26:27 PM »
Yep.  In all fairness (not in this case though!) a judge did overturn the $2.9 million and reduced it quite a bit.  As I understand it, McDonald's then settled with her for an undisclosed sum.   Originally, all she wanted was $20K for the injuries and expenses, but McDonald's refused, so it went to court where she was given the $2.9M.
« Last Edit: December 31, 1969, 05:00:00 PM by Paco »

Offline Pancho

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« Reply #71 on: February 06, 2004, 05:03:46 PM »
Regardless of the amount, still a heck of a deal.
« Last Edit: December 31, 1969, 05:00:00 PM by Pancho »
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Offline Trashcan

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« Reply #72 on: February 06, 2004, 06:54:30 PM »
That has to be the fastest way to become a multi-millionaire... brb while I go spill some coffee on my crotch...
« Last Edit: December 31, 1969, 05:00:00 PM by Trashcan »

Offline Pancho

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« Reply #73 on: February 06, 2004, 07:01:52 PM »
I'd spill coffee on myself for a couple hundred bucks....but hey, I'm cheap!
« Last Edit: December 31, 1969, 05:00:00 PM by Pancho »
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Offline azsarge

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« Reply #74 on: February 06, 2004, 07:38:27 PM »
<blockquote id="quote"><font size="1" face="Verdana" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by Trashcan</i>
<br />That has to be the fastest way to become a multi-millionaire... brb while I go spill some coffee on my crotch...
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">

Darwin sez..."thumbs up, fellas!"
« Last Edit: December 31, 1969, 05:00:00 PM by azsarge »