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Re: Mickey D's getting sued again..........


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Posted by NCWayne on March 01, 2014 at 11:30:16 from (173.188.169.54):

In Reply to: Re: Mickey D's getting sued again.......... posted by MarkB_MI on March 01, 2014 at 04:45:03:

I've read many articles about, and understand the underlying issues in the hot coffee lawsuit, and to a degree, you are correct in the fact the woman had somewhat of a legitimate complaint. On the other hand McDonalds also had a legitimate defense in that their coffee was kept a the temp it was to keep millions of other customers happy, who actually preffered their coffee hot enough to stay that way until they got to drink it, and didn't spill it in their laps. Too there is/was not at the time, any actual industry standard that they were required to meet, and there were also several other companies that kept their product at a similar temp for the same reasons. In this case it was just the first time, at least that I know of, that someone had actually succeeded with a lawsuit, with such a HUGE settlement ordered, over something that was caused by the supposed negligence of both parties involved. In other words the jury found McDonalds was negligent because they kept the coffee hot enough to satisfy millions but too hot to satisfy the lady who, through her own actions, burned herself on it. I wonder what would have happened if she had boiled water at home and spilled it on herself because she lost the grip on the pot she had it in. Would the pot mfg have been liable because their handle was too slick for the lady to hold on to, even though it was used every day by millions of other folks with absolutely no problems??????? Slightly different situation, but the same, basic issues at hand....think about it......Too, I wonder how many on the jury went through McDonalds, or some other drive through, on their way to the courthouse the days the trial was in session and then complained about their coffee being cold 15 minute later when they finally got around to drinking it??????

That said, even if the guy had been denied an extra napkin or two, what kind of person experiences so much mental anguish over something like that to warrant a 1.5 million dollar lawsuit? Seriously, I suffered pain and 'mental anguish' ((I just called it having to deal with idiots, but to others it must have really been anguish, but I had to deal with that part with the stupid insurance people for over a year) when I had a guy hit me head on and totaled my truck years ago. Because I was lucky enough to not get injured beyond a bruised chest from my seat belt, and a slightly sore neck, they felt that I didn't deserve any kind of compensation beyond them paying the hospital bills for me to get checked out and to be told I would be sore for a week or so. Then there was the year long fight over them giving me enough money to replace my pickup with another like it that I just about broke even on simply because I had another vehicle to drive and was in no hurry to settle for a lesser amount. Seems like I should have been able to sue both the other driver, and his insurance company over an incident that actually did cause me injury and a financial loss, due to no action of my own other than being on a public road in the middle of the day......but no lawyer I talked to, in an attempt to just break even over the incident, would even touch the case because I wasn't 'seriously injured'.....I lost a perfectly good truck because of some idiot breaking the law, speeding and reckless driving, and had absolutely no recourse but to hold out and almost break even, but this guy was able to find a lawyer to sue for 1.5 million because he didn't get an extra napkin........THAT'S JUST PLAIN STUPID..... and anyone who would think to do that, or a lawyer that would take the case must have some serious issues, beyond just a napkin........


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