The "McDonald's Coffee" Case

In one of wrong or misunderstood cases in recent history, Albuquerque, New Mexico jury of 79 year-old Stella Liebeck $ 2,900,000 for severe burns suffered after he poured a cup of coffee, McDonald's knee, which had placed between them.

The jury award was $ 200,000 in damages and $ 2,700,000 for punitive damages (because of the McDonald's insensitive behavior). The jury also found Mrs. Liebeck 20% negligent, reducing theDamages up to $ 160,000. The judge also reduced the punitive damages to $ 480,000.
Mrs. Liebeck did not receive $ 2,900,000, or $ 2,860,000, or $ 740,000. The parties had a post-sentence for an undisclosed amount.

(The Member States have different legal standards of negligence. New Mexico used a comparative negligence rule, we assign the debt and therefore proportional judgments. Other states like North Carolina with a contributory negligenceStandard, which precludes a plaintiff from recovery if their actions have contributed to 1% for the incident!)

THE FACTS OF THE CASE

Mrs. Liebeck, while a car of her niece, bought a cup of coffee at the drive-thru window at McDonalds. As the car was stopped, put the cup down between his knees and tried to remove the cover. The inverted cup and poured the scalding (180-190 ¡F) hot water on his knees.

He sufferedThird-degree burns on 16 percent of his body. During his eight day hospital stay she underwent skin grafts and treatment for painful whirlpool debridement (removal of damaged tissue), their wounds. He has large scars and has been locked for over two years.

Despite this very painful and debilitating injuries and their costly medical care, Liebeck offered to settle 20 000 women with McDonald's for $.

McDonald's has refused to pay, and the case wentto verify.

FACTS ON FIRST STREET

The jury heard the following evidence:

McDonald's coffee sales or $ 1,300,000 per day.

or with specific business, McDonald's coffee sold 180-190 degrees Fahrenheit, the coffee at that temperature, buried, if caused by third-degree burns (the layer of skin is burned to the muscle / fat tissue) in 2-7 seconds; third-degree burns without skin grafting, debridement and healingWhirlpool treatments that cost tens of thousands of dollars and lead to permanent disfigurement, extreme pain and disability of the victim for many months and sometimes years;

o The Director of the Department of Mechanical Engineering and Bio-engineering at the University of Texas testified that the risk of damage is not acceptable, as well as a renowned expert, burns, the editor of the scientific leaders in the field of specialty chemicals , Journal of BurnTreatment and rehabilitation;

Or McDonald's has admitted that she is 10 years known about the risk of serious burns from hot coffee boiling over - the risk was available, the attention of various other claims and legal actions, none;

o From 1982 to 1992, the McDonald's coffee burned more than 700 people, many receiving severe burns in the genital area, perineum, thighs and buttocks;

Not only children or men and women but also children who have been burned by scalding hot coffee from McDonald's, in some cases by accidental spillage of employees of McDonald;

Or at least one woman had dropped the coffee in her lap through the service window, causing third degree burns to her inner thighs and other sensitive areas, which resulted in disability policy for years;

Witnesses or for McDonald's admitted in court that consumers are not aware of the extent of the risk of serious burns from spilled coffee servedrequired temperature> McDonald's;

Or McDonald's has admitted that not warn customers about the nature and extent of this risk and could offer no explanation of why;

Or McDonald's witnesses testified that it will not turn down the heat - as one witness wrote: "No, there is no plan in progress, now we use the procedure in this respect;"

Or McDonald's has admitted that its coffee is not fit for human consumption "whensold because it causes severe burns if spilled or drunk;

doctor or Liebeck has testified that her injury burns burns of the worst he had ever seen.

o The Shriner Burn Institute in Cincinnati had published warnings to the franchise food industry that its members would serve to unnecessarily severe burns scalding beverages to 130 degrees Fahrenheit.

By refusing to grant a new trial at which Judge Robert Scott McDonald'sBehavior "callous." Moreover, "the day after the verdict, the media documented that coffee at McDonald's in Albuquerque [where burned Liebeck was] now has the level sells 158th second 'so Cause-degree burns, third about 60, instead of two to seven second [in order], the margin as a direct result of this sentence was increased. "

Wayne C Walker, President of Capital Transaction Group Inc. a leading provider of financial services disputes -http://www.captran.com.

This information is opinion and not legal advice. Readers should not act upon this information without seeking the advice of a competent attorney.
© 2003 CapTran

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