In one of the common wrong or misunderstood Most cases in recent memory, an Albuquerque, New Mexico jury awarded 79 years old Stella Liebeck suffered severe burns to $ 2,900,000 after it spilled from a cup of coffee at McDonald's who had put his knees .
The jury prize was for $ 200,000 damages and $ 2,700,000 for punitive damages (for McDonald's callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducingDamages 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 in a post-judgment for a undisclosed amount.
(States have different legal standards of negligence. New Mexico used a comparative negligence rule, and then assigns the debt proportional judgments. Other states, like North Carolina with a contributory negligenceStandard, which prevents a plaintiff from recovery if their actions have also contributed 1% for the accident!)
The facts
Mrs. Liebeck, while a car of her nephew, bought in for a cup of coffee drive-thru window at McDonald's. While the car was stopped, he put the cup down between his knees and tried to remove the cover. The cup spilled accidentally spilled boiling water (180 to 190 ¡Fahrenheit) hot on his knees.
He sufferedThird-degree burns on 16 percent of his body. During his eight days of hospital stay she underwent skin grafts and treatment for painful Whirlpool debridement (removal of damaged tissue) of their wounds. He has extensive scarring and has been locked for over two years.
Despite this very painful and crippling injuries and expensive medical care offered to Mrs. Liebeck 20,000 to settle with McDonald's for $.
McDonald's has refused to pay, and the case wentin court.
Be TRAIL PRESENTED
The jury heard the following evidence in the case:
McDonald's coffee sales or $ 1,300,000 per day.
or with specific business, 'McDonald's sold its coffee at 180-190 degrees Celsius; That coffee temperature, if spilled, causing third degree burns (the skin is burned away to the muscle / fat tissue layer) two to seven second, third degree burns without skin grafting, debridement and healingWhirlpool treatments that cost tens of thousands of dollars and lasting 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 this risk is unacceptable, renowned as an expert, burns, the editor of leading scientific specialty chemicals, the Journal of BurnTreatment and rehabilitation;
Or authorized 's McDonald, that the risk is known risk of serious burns hot coffee hot for more Than 10 years - was over suits brought to the attention through His other numerous complaints and unsuccessfully;
or 1982-1992, 'McDonald's coffee burned more than 700 people, many receiving severe burns in the genital area, perineum, thighs and buttocks;
Not only men or women but also children and infants were burned by McDonald's hot coffee in some cases of accidental spillage of employees of McDonald;
Or a woman had left the coffee in her lap through the service window, making third-degree burns to her inner thighs and other sensitive areas, which caused disability for years;
Witnesses or court for McDonald's admitted that consumers are the size of the risk of serious burns from spilled coffee servedrequired temperature> McDonald's;
O 'Authorised McDonald's, do not warn customers of the nature and extent of this risk and could offer no explanation why it is not;
McDonald's or witnesses have testified they do not want to turn the heat - As one witness put: "No, there is no plan to change this trend, that the proceedings in relation to the use that we are";
or approved McDonald's, the coffee is not fit for consumption "whensold, because it is serious burns if spilled or drunk causes;
O Liebeck said the doctor that her injury burns burns worst he had ever seen.
O also had the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily severe scalding burns by serving beverages over 130 degrees Fahrenheit.
By refusing to grant a new trial in Judge Robert Scott called 'McDonald'sBehavior "callous." Moreover, "the day after the verdict, the media documented that coffee at McDonald's in Albuquerque [where Liebeck] WAS now burned 158 degrees on sale. This second cause third degree burns in about 60 instead of two minutes before seven seconds in so] that the safety margin has been increased as a direct result of this [sentence. "
Wayne C Walker, President of Capital Transaction Group Inc. is a leader in financial disputes -http://www.captran.com.
This information is not legal advice and opinions. Readers should not act upon this information without consulting a competent attorney.
© 2003 CapTran
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