Randy wrote: "Do you not think that when one does spill hot coffee in one's lap, that one should assume the fault unless one is bumped or in some other manner caused by someone else to spill the coffee? Especially when it is in a drive through line. How is McD's supposed to prevent someone driving a car from spilling coffee once the cup is handed over? Do we put childproof caps on the cup so one cannot drink it in the car?"
I wish everyone knew the REAL story of the McDonald's lawsuit. One of my colleagues here in Wichita was Stella's neighbor (the plaintiff in the McDonalds lawsuit) when this all occurred. He is currently a lawyer because of her story. NOT because the jury got it wrong, but because the real story is MUCH more compelling than the conventional wisdom suggests. The reality of that case is that Stella didn't want to go to court. She offered to settle with McDonald's for the cost of her medical expenses, but the company refused - even after a mediator suggested they should settle. Once in court, it was revealed that McDonald's deliberately kept its coffee 20 degrees hotter than industry standards and was aware from 700 prior incidents that this practice could result in severe burns. The company decided not to reduce its temperature and not to warn its customers of any risk. In the end, McDonald's behavior outraged jury members who were skeptical of the case. Even the judge, who reduced the jury verdict by more than 80% - called McDonald's conduct reckless, callous and willful. I read the deposition of the Senior VP who was in charge of the company policy on the coffee and the temperature it was kept at. He was the worst witness ever. He admitted that they had notice of severe burns, and admitted that they made a business decision to not change their policy. He came off as a complete jackass. The jury actually awarded 1 day's worth of coffee sales for McDonald's. AND it was later reduced dramatically. That case is not about a frivolous lawsuit. Its actually about a company that was aware that there product was dangerous, and they chose to keep selling it because they decided the customers that wanted it that hot were more important than the risk associated with the very small number of people who got hurt by their product. Donald H. Snook Who has not been keeping up the digests. _______________________________________ http://www.okiebenz.com For new and used parts go to www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
