| How
many times have you heard jokes or diatribes about the "McDonalds
case?" You know the one: the old lady was burned by coffee and
got a gazillion dollars from a jury. Individuals and groups, such
as the insurance industry and big business constantly use this case
as the example of why there must be tort reform in the form of laws
to prevent injured people from having their day – fairly –
in court.
What you haven’t heard from the "big lie" propaganda
machine are the actual facts of the case, and the reasoning behind
the New Mexico jury’s decision to compensate Stella Liebeck
in the amount of $2.9 million for her injuries. Consider these facts:
There had been over 700 prior incidents of injuries from McDonald’s
coffee that had been reported to the company and were present in
company documents. They ranged in severity from minor burns to third
degree burns, and resulted in numerous claims, some settling for
over $500,000. Several cases involved children.
Prior to the lawsuit, McDonald’’s sold its coffee at
190 degrees Fahrenheit. Coffee you serve in your home is between
135 and 140 degrees Fahrenheit. Water that is found in your car
radiator is 180 degrees Fahrenheit. At 190 degrees, it takes less
than three seconds to produce a third degree burn, while at 160
degrees it takes about 20 seconds.
The coffee inflicted third degree burns on Stella Liebeck's groin,
inner thighs and buttocks, necessitating seven days in the hospital
for extensive skin grafts and debridement treatment. Photographs
vividly demonstrated the severity of these burns, which covered
six percent of her body.
A McDonald’s executive testified that McDonald’s knew
its coffee caused serious burns. McDonald’s also consciously
decided not to warn people of the dangers concerning the temperature
of its coffee and had no intention of changing that temperature.
One week after the lawsuit, McDonald’s changed its coffee
temperature reducing it by 20 degrees.
Despite Stella Liebeck's $20,000 in medical bills, McDonald’s
only offered her $800 to settle her case. Stella Liebeck stated
she would have never brought the suit had McDonald’s been
willing to pay her medical bills.
The award by the jury was actually $200,000 to compensate Stella
Liebeck for her serious injuries, and $2.7 million to punish McDonald’s
for its callous disregard of its customers.
The Plaintiff, Stella Liebeck, was found 20 percent at fault, which
resulted in the compensatory damage award of $200,000 being reduced
to $160,000.
The jury returned this verdict despite the efforts of McDonald’s’
lawyers, who were, we may assume, highly paid and extremely good
attorneys.
Given these facts, in the light of day, it becomes much more reasonable
and understandable why McDonald’s got hit for those verdicts.
While our system of justice has problems, it still is the best in
the world. The way things are now, any person injured as a result
of negligence has a chance at justice before a jury of his or her
peers.
The propaganda surrounding the "McDonald’s case"
is nothing more than an organized effort to take away from victims
of negligence their access to justice in the courts. At Slovis,
Rutherford & Weinstein, P.C., we strongly believe in the rights
of regular people to seek and receive justice – in the courts,
if necessary. We applaud the Liebeck case as an example of how our
system should work, even in the face of opposition – then
and now – from corporate America.
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