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Topic: McDonalds coffee case

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	The McDonald's Scalding Coffee Case
		(Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup.
		McDonald's also said during discovery that, based on a consultant's advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste.
		Further, McDonald's quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees.
	www.gtla.org /public/cases/mcdonalds.html (684 words)

	COLUMN4
		She alleged that the coffee was "defective because it was too hot." She initially sought to settle her claim for $20,000, but McDonalds refused.
		McDonalds also argued that consumers know coffee is hot and that its customers want it that way, but the company later admitted its customers were unaware that they could suffer third degree burns from the coffee.
		McDonalds alleged that the Plaintiff was contributorily negligent by holding the cup between her legs and not removing her clothing immediately.
	home.pon.net /wildrose/column4.htm (921 words)

	The Law Offices of Mike Jansen - Northern California Personal Injury Attorney (Site not responding. Last check: 2007-10-09)
		No one is in favor of frivolous cases or outlandish results; however, it is important to understand some points that were not reported in most of the stories about the McDonalds Coffee Case.
		McDonalds coffee was not only hot, it was scalding - capable of almost instantaneous destruction of skin, flesh and muscle.
		McDonalds' quality assurance manager testified that a burn hazard exists with any food substance served at 140 degrees or above, and the McDonalds coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat.
	www.mikejansen.com /d_facts.asp (604 words)

	McFacts abut the McDonalds Coffee Lawsuit
		For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.
		McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.
		A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.
	lawandhelp.com /q298-2.htm (643 words)

	[No title]
		No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case.
		McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle.
		The company admitted its customers were unaware that they could suffer thirddegree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.
	www.sover.net /~kadeb/coffee.txt (829 words)

	The Truth About The McDonalds Spilled Coffee Case
		No one is in favor of frivolous cases or outlandish results;however, it is important to understand some points that were not reported in most of the stories about the case.
		McDonald's coffee was not only hot, it was scalding capable of almost instantaneous destruction of skin, flesh and muscle.
		The company admitted its customers were unaware that they could suffer third degree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.
	pages.prodigy.net /gaglenn/lawoffice/coffee/truth.html (782 words)

	McDonalds Lawsuit \| McDonalds Hot Coffee Lawsuit
		McDonald's, known for its fastidious control over franchisees, requires that its coffee be prepared at very high temperatures, based on recommendations of coffee consultants and industry groups that say hot temperatures are necessary to fully extract the flavor during brewing.
		Before trial, McDonald's gave the opposing lawyer its operations and training manual, which says its coffee must be brewed at 195 to 205 degrees and held at 180 to 190 degrees for optimal taste.
		Coffee connoisseur William McAlpin, an importer and wholesaler in Bar Harbor, Maine, who owns a coffee plantation in Costa Rica, says 175 degrees is "probably the optimum temperature, because that's when aromatics are being released.
	www.vanfirm.com /mcdonalds-coffee-lawsuit.htm (2012 words)

	it annoys me when people bring up the mcdonalds coffee case - @forums
		As for it being hotter than a person can reasonably expect, McDonald's coffee is served between 185 and 195 degrees, as is coffee in all fast food and coffee houses.
		McDonalds kept their coffee about 20 degrees hotter than industry standard...
		The real issue is that McDonalds was aware of the danger (there had already been about 700 burn cases, plus requests from hospitals to reduce temps) but they chose not to do anything about it.
	www.atforumz.com /showthread.php?t=149533 (1797 words)

	McDonald's Hot Coffee Case, McDonalds Lawsuit Verdict - HURT911
		McDonald's representatives lied to the court and jury about the existence of other claims, but documents showing that they knew of more than 700 claims by people burned by its coffee between 1982 and 1992 were admitted in to evidence.
		McDonald's also said that based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste.
		McDonald's also claimed that customers buy coffee on their way to work or home, intending to consume it there, however, the company’s own research showed that customers intend to consume the coffee immediately while driving.
	www.hurt911.org /mcdonalds.html (1376 words)

	Real Facts In McDonalds Hot Coffee Case [Free Republic]
		Is this supposed to mitigate the frivolity of the case or the contributory negligence.
		McDonald's was not at fault here, except that they sold the coffee to her.
		I'm not saying that all liability cases that are brought are specious, but it seems that often a little common sense on the part of the public would go a long ways towards reducing both injuries and the burden of litigation that we all pay for eventually.
	www.freerepublic.com /forum/a3b77256026e6.htm (5591 words)

	Eliot P. Reifkind, P.A., lawyers in Fort Lauderdale, FL, Florida (Site not responding. Last check: 2007-10-09)
		Liebeck suffered third-degree burns over 6% of her body largely because scolding coffee caused the clothing material she was wearing to cling to her thighs causing burns to her inner thighs, buttocks and groin, She tried to settle the claim for $20,000.00, but McDonalds refused to offer her anything.
		Evidence showed that other vendors kept their coffee at 135-140 degrees Fahrenheit, while McDonalds chose to keep its coffee at 180-190 degrees, despite its knowledge that those temperatures made the coffee too hot to drink -- because it could burn the mouth and throat.
		McDonalds intended to appeal the decision and prior to doing so, the parties settled for what we assume was a smaller amount.
	www.eliotreifkind.com /eliotreifkind.jsp (485 words)

	Mythbuster! McDonald's coffee case
		Focusing on a few rare, anecdotal cases, instead of the majority of cases that pass through the courts each year, feeds into a false and dangerous perception that the system is overflowing with frivolous lawsuits.
		In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior “callous.” Moreover, “the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees.
		The case of Charles Bigbee was the “McDonald’s coffee case” of the 1980s.
	www.centerjd.org /free/mythbusters-free/MB_mcdonalds.htm (1192 words)

	Corp Reform - Not Tort Reform: The Truth About the McDonalds Coffee Case
		Coffee is supposed to be served hotter than it is consumed, because the act of opening the cup cools the temperature several degrees.
		why should mcdonalds pay up for that womans accident she spilt the coffee mcdonalds should sue her for harassment she is probabily just making it up any way to buy a new walking stick.
		McDonald's brews coffee at 190 degrees because coffee is supposed to be brewed between 190 and 205 degrees.
	www.corpreform.com /2003/10/the_truth_about.html (3112 words)

	McDonalds coffee and the Liebeck lawsuit (Site not responding. Last check: 2007-10-09)
		I've read recently that the McDonald's coffee lawsuit is back in the news again, being used as an example of frivolous lawsuits, irresponsible juries, excessive verdicts, a generally out-of-control legal system, and thus a justification for tort reform.
		McDonalds required their coffee kept at 185 degrees Fahrenheit, plus or minus 5 degrees, significantly higher than other establishments.
		McDonalds executives testified that they thought it would be cheaper to pay claims and worker's compensation benefits to people burned by their coffee versus making any of these changes.
	www.osmond-riba.org /lis/essay_mcdonalds.htm (471 words)

	Corp Reform - Not Tort Reform: More About McDonalds
		McDonald’s admitted coffee at that temperature is “unfit for human consumption”; 190 degree liquid causes third-degree burns within 2 to 7 seconds of contact with skin.
		Stella spilled the coffee on the crotch of her cotton jogging pants, and the coffee immediately soaked through her pants and caused third-degree burns to her legs, thighs, and genitals.
		Also, ya coffee is supposed to be HOT and yes I realise that she may be old but if you are going to open coffee in a vehicle, well you are either going to spill it or get into an accident.
	www.corpreform.com /corpreform/2003/11/more_about_mcdo.html (2966 words)

	ATLA Press Room : McDonald's Scalding Coffee Case
		Critics of civil justice often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.
		Coffee served at home is generally 135 to 140 degrees.
		McDonald's own quality assurance manager testified that a burn hazard exists with any food substance served at 140 degrees or above and that McDonald's coffee was not fit for consumption because it would burn the mouth and throat.
	www.atla.org /pressroom/FACTS/frivolous/McdonaldsCoffeecase.aspx (1081 words)

	"Frivolous Lawsuits" The McDonalds Coffee Case
		The motivation came from hearing a corporate flack citing this case as an example of "runaway lawsuits," when in fact, it represents a compelling example of the crucial role of our civil justice system and the need for substantial punitive damages to change reckless corporate practices.
		When a law firm here found itself defending McDonald's Corp. in a suit last year that claimed the company served dangerously hot coffee, it hired a law student to take temperatures at other local restaurants for comparison.
		Coffee temperature is suddenly a hot topic in the industry.
	www.reclaimdemocracy.org /articles_2005/mcdonalds_coffee_frivoulous.php (2125 words)

	Hiroshima, Jacobs, Roth and Lewis: Articles of Interest
		Marketing studies revealed take-out customers preferred coffee to be hot when they reached their destination, and the coffee of competitors would have already cooled by that time.
		(McDonalds entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting).
		The plaintiff in the case, Janet Jones, was injured when a driver insured by Allstate broadsided her minivan.
	www.hjrl.com /articles (1732 words)

	The MCDONALDS Coffee Cup Case--- Separating The McFACTS From The McFICTION
		By O'Brien, Shafner, Stuart, Kelly and Morris, P.C. Ask anyone about the McDonald's Coffee Cup Lawsuit and chances are they'll tell you they have heard of it - a woman spills a cup of coffee on her lap and gets big bucks in court.
		McFact #5: A McDonald's Quality Control manager testified that McDonald's knew of the risk of dangerously hot coffee and had no plans to either turn down the heat or warn their customers, even though most customers wouldn't be aware of the scalding danger.
		He said the case "was not a runaway, I was there," and that it was "appropriate to punish and deter" McDonald's corporate coffee policy.
	library.findlaw.com /1999/Nov/1/129862.html (837 words)

	The Legal Reader: Blawgosphere Ponders the McDonalds Coffee Tort Case
		Drinking McDonalds coffee is like drinking water with 1/3 the coffeee needed for a descent cup of coffee.
		The McDonald's franchises, at the time, were required to serve their coffee 40-50 degrees hotter than coffee brewed at home.
		McDonalds stated in court that they knew the coffee was too hot-and there had been 700 previous burn reports from their coffee.
	www.legalreader.com /archives/001515.html (1139 words)

	McFacts about the McDonalds Coffee Lawsuit (Site not responding. Last check: 2007-10-09)
		The facts of the case, which caused a jury of six men and six women to find McDonald's coffee was unreasonably dangerous and had caused enough human misery and suffering that no one should be made to suffer exposure to such excessively hot coffee again, will shock and amaze you:
		McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.
		Your facts of the case don't change my opinion that the woman was an idiot, who sued a company for providing her with what she ordered, a hot drink.
	www.theangrytruth.com /postview_460.asp (1565 words)

	The Economics of Tort Law (Site not responding. Last check: 2007-10-09)
		She sued McDonald's for compensation for her injuries (about $11,000) and was awarded nearly $3 million in compensatory and punitive damages by a New Mexico jury.
		Gerlin also reported that McDonald's reason for serving such hot coffee in its drive-through windows was that, because those who purchased the coffee typically wanted to drive a distance with the coffee, the high initial temperature would keep the coffee hot during the trip.
		Later, as they were driving, Angelina tried to pour the coffee from the Styrofoam cup provided at the convenience store into a smaller cup that would, she felt, have been easier for her husband, Jack, to hold while driving.
	www.cooter-ulen.com /tort_liability.htm (5291 words)

	The Infamous McDonalds Coffee Lawsuit
		And then there is the horrific dog mauling case where Diane Whipple, a 33-year-old lacrosse coach, was torn to bits by two large, viscous dogs with a history of frightening people Whipple.
		2.) A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.
		One myth of this case is that she was driving the car and tried to open the coffee while the car was moving.
	www.fortunecity.com /westwood/vivienne/438/rants139.html (1182 words)

	McMahan Law Firm
		Perhaps the most well-known "frivolous lawsuit" is the story of Stella Liebeck - the woman who was burned by hot coffee from McDonalds.
		4: McDonalds admitted that the coffee was not fit for human consumption at the temperature they served it.
		Hopefully, this clears up some of the misconceptions that Stella was a careless woman who spilled some hot coffee on herself and won the lottery.
	www.mcmahanlawfirm.com /www/docs/127-86 (219 words)

	Early Childhood Research & Practice. Spring 2003. Preschool Teachers' Play Experiences Then and Now (Site not responding. Last check: 2007-10-09)
		The new preschool curriculum in Sweden today does not separate play and learning activities, as was the case previously (Ministry of Education, 1998); instead, the new preschool curriculum integrates play and learning.
		However, in both cases, the interviewed teachers' interpretations of these circumstances result in the same assumption—that today's children cannot exercise their own natural play, because doing so seems to be something that presupposes a longer period of time.
		A lot of other sources of inspiration are available, through TV, toyshops, and McDonalds' games, which all exert an enormous influence, and all children are aware of all those sources of inspiration.
	www.ecrp.uiuc.edu /v5n1/sandberg.html (8343 words)

	From the 'Lectric Law Library's stacks (Site not responding. Last check: 2007-10-09)
		actively enforces a requirement that coffee be held in the pot at 185
		and that McDonalds coffee, at the temperature at which it was poured
		case, litigated in public and subjected to extensive media reporting.
	www2.carthage.edu /~brent/mcds.htm (752 words)

	Liability Exposure - Are you At Risk?
		Their 9/22/97 issue included a summary of a case in which a company lost a suit in which an employee who claimed to have been harassed informed her immediate superior, but the superior didn’t bring the complaint to the attention of any higher level superiors.
		Meanwhile, LW USA also reported on a case where an employee, who was fired after he admitted (in a deposition) that he may have harassed a co-worker, successfully sued his employer for “retaliation”.
		Bill Comer recently sent me a copy of a 1996 case in which the Sixth Circuit Court of Appeals overruled a district court in a case involving the state law relating to a spendthrift trust and the federal law relating to a tax lien.
	www.rpifs.com /exposure.htm (4436 words)

	Quotations (Site not responding. Last check: 2007-10-09)
		Stella Liebeck is the 81 year old lady who spilled coffee on herself and sued McDonalds.
		George Phillips of Meridian Mississippi was going up to bed when his wife told him that he’d left the light on in the garden shed, which she could see from the bedroom window.
		In the one case the government and the king may rightfully furnish you their notions of patriotism; in the other, neither the government nor the entire nation is privileged to dictate to any individual what the form of his patriotism shall be.
	www.vlrc.org /quotes.html (16954 words)

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