🚀 go-pugleaf

Donald DiPaula (dip...@access5.digex.net) wrote:
: In article <502hii$2...@gondor.sdsu.edu>,
: Dennis W. Mattison <matt...@rohan.sdsu.edu> wrote:
: !Kevin Leslie Schaper (ksch...@darkwing.uoregon.edu) wrote:
: !: In article <1996Aug27.1...@nosc.mil>,  <Dennis W. Mattison> wrote:
: !: >I don't know about you guys, but I have seen quite a few "stupid" people in my 
: !: >lifetime, and wouldn't put it past the intellectually challenged to do 
: !: >something like this.  After all, we live in a society in which a woman who 
: !: >spilled hot coffee on her sued McDonalds for selling her "hot" coffee (as 
: !: >opposed to what, "cold" coffee?).  We gotta remember that human intelligence is 
: !: >given on a pretty equal curve (Einstine on the top, most of us in the middle, 
: !: >and the unfortunate few on the bottom).
: !: >
: !: >Dennis

: !: You should read up a little more on the woman at McDonalds.. she was pretty 
: !: seriously burned, and they kept their coffee signifigantly hotter than was 
: !: safe for human consumption.  I did a search and found this:
: !: www.seamless.com/consumer/mcdonalds.html

: !Come on now, I have spilled several different types of coffee on me (hell, we
: !probably all have once upon a time) and McDonalds coffee (at the time it
: !spilled in the normal place, my legs and my crotch region, usually when I slam
: !on the breaks comming up to a just-turned-red light) was no hotter than Circle
: !K or 7-11 coffee.  The hottest coffee I had spill on me came from my own 
: !coffee maker, which gave me 1st and 2nd degree burns.  However, you didn't see
: !me go out and sue the coffee maker manufacturer cause I spilled coffee on me
: !that caused 1st and 2nd degree burns.  No, hell, I am responsible for my
: !actions, and it was my fault for putting a hot cup of coffee with no lid on 
: !the dashboard of my car while driving into work!  Now I wont discourage a
: !woman from suing a company for actual damages...but several million dollars
: !for spilling coffee on your leg...give me a break.
: !
: !Touched a nerve there.  

: 1. macdonald's, at the time, kept their coffee significantly hotter than other
: food service chains.

: 2. the woman in question was in her car, but parked (not driving) when she was
: burned.

: 3. she had serious burns requiring medical attention.

: 4. other macdonald's patrons had similarly received serious burns by
: macdonald's coffee.

: 5.  the company had been (warned? directed? requested?) multiple times that
: their coffee was far hotter than necessary and causing injuries, but had
: refused to make any adjustments.

: 6. it was clearly demonstrated in court that the company had long known of
: the unusual danger of their coffee, had been given opportunity to reduce the
: danger, and refused to do so.

: what does all this mean?  i don't necessarily think that being burned is worth
: millions of dollars, BUT-- the award was mostly punitive damages, in response
: to macdonald's demonstrated history of ignoring a danger in their product.

I also thought that the award was reduced on appeal anyway...