A Nonfrivolous Suit (against McDonalds)

[groovedaddy]

Supporters of tort reform — and late-night comedians — like to make fun of what they say are frivolous lawsuits. One they particularly like to lampoon is the case of the woman who sued McDonald’s after she was scalded by too-hot coffee. What they don’t talk much about is just how hot the coffee was or that the 79-year-old woman was hospitalized with severe injuries. The two sides ultimately settled.

Now another patron has sued McDonald’s after his lips were burned when he bit into an extremely hot fried-chicken sandwich. A federal appeals court, ruling out of Virginia, has rightly decided to let his case go forward.

When Frank Sutton bit into his sandwich, scalding grease “flew all over his mouth,” a fellow diner recalled. Mr. Sutton’s wife took ice from her drink and applied it to his face, but his lips blistered. When he told one of the employees, he testified that she said “this is what happens” to the sandwiches “when they aren’t drained completely.” The next morning, he found that his lips had bled on the pillow.

Seven months later, his injuries still had not completely healed. He says he avoided certain work assignments at his job of refurbishing and assembling outdoor amusement rides if he thought they would make his lip condition worse. Mr. Sutton sued McDonald’s and the local franchisee, alleging that he had suffered $2 million in medical bills, lost wages, and pain and suffering.

http://www.nytimes.com/2010/03/09/opinion/09tue2.html?th&emc=th

[sinkingfeeling]

1. Maybe restaurants ought to act like doctors and take out large 'mal-cooking' insurance. I stopped

getting coffee at McDonald's because it's no longer hot, just lukewarm.

[zipplewrath]

2. Yup, basically unlucky

McDonalds coffee wasn't that hot. My tea is hotter. The reality is that hot food can quickly be "too hot" based upon how it is prepared. I've been burned many a time. There may be a case here, especially considering what the employee said. But the hot coffee one was just silly. And really, when it comes to hot food, the most accurate way to describe these cases is "unlucky". Ya buy cheaply prepared food....

[JackintheGreen]

4. I have to disagree about the McDonald's case

It was not unlucky that the woman was burned. It was foreseeable and preventable.

Documents internal to the company showed that their coffee was routinely kept about 45 degrees hotter than home-brewed coffee usually is.

Internal documents also showed some 700 complaints about too-hot coffee over a ten year period, some of which ended in 3rd degree burns, just like those in the case in question.

A McDonald's QC agent testified that they is a substantial burn/scald hazard when any food is served over 140 degrees, and remember that they ROUTINELY served coffee at 185-190 degrees.

The plaintiff spent 8 days in hospital, underwent skin grafts, and still offered to settle for $20,000. McDonald's refused.

It was been substantially proved (by their own documents) that McDonald's was negligent, stubbornly and stupidly so. I used to be one that held this case up as an example of law gone stupid, but the facts seem to show otherwise.

[zipplewrath]

5. Yeah, don't put hot coffee in your lap

We can go on for days on this, I have before, but the primary person responsible for that accident (as established in the lawsuit) was the lady. She precariously balanced coffee in her car, trying if I recall, to add the creamer. She knew it was hot, she had it before. Could Macky D's made colder coffee? yes. And we can make duller knives, and shorter ladders, and slower cars. The only reason Macky lost any money is they were found to be secondarily responsible. But the primary person at fault made several million dollars.

[JackintheGreen]

6. Let's not go around then, but

Knowing what they knew, having documented it themselves, having been *offered a settlement*, the only responsibility for losing millions of dollars lays with McDonald's. Dumbasses.

[zipplewrath]

7. Yup, they made a bad bet

It was a tad surprising that they fought as long as they did. They could have settled for alot less. Pretty much what most companies are doing. It's just buried in the cost of everything we buy, and for that higher price we get luke warm coffee.

[JackintheGreen]

8. Correction: *crappy*, lukewarm coffee. n/t

[groovedaddy]

9. I thought they had premium gucci coffee now! At least that's what the commercials say. n.t

[demosincebirth]

3. I like my coffe hot, not scalding. Mac's coffee still has to be, let cool, a little