A judge later reduced the award to less than a million.
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The million dollar plus award was created by the jury as the equivalent of three days of coffee profits as punitive damages to encourage McDonalds not to be so egregiously negligent in the future. She initially asked (not sued) McDonalds to pay her medical expenses of something like $10,000.
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She got 3d degree burns down to her bones and had to have skin grafts. The elderly woman who eventually sued purchased coffee at a drive through. Given these undisputed facts, it was completely foreseeable that customers would get burned. (180 degrees can cause instant scalding burns.) And it was handed in flimsy cups to drive through customers. The coffee was purposely prepared and served at an undrinkably hot at 180 degrees so that it would stay hot longer. McDonald’s already had multiple reports of burns. The McDonald’s coffee lawsuit was meritorious and not frivolous. Hmm…do you really mean that double negative? I’ll chime in.
“It is a myth that the McDonald’s coffee lawsuit was not frivolous.” All in all the reports need to make sure they don’t play lawyer and just give us the facts!!!! Collapse replies (4) Reply View in chronology If you read the actual order as listed above you will see the guy writing the article either got way to excited and wanted to be the first to report the victory or he purposefully exaggerated the truth to make a better article. I will agree with the piss poor reporting on the article as well.
“Been sued by the RIAA or MPAA, call me now we guarantee you justice (and money)” lol. After that tactic wears out we will see a whole need type of attorney add on the local yellow pages. Watch now there will be more suits against the dirt poor. They have know there suits carry no merit which is why I think they offer these quick settlements. One last thing on the lawsuit her damages payment was not that large, it was the punitive damages that up’d the total well into the millions.Īs for the RIAA and hopefully MPAA they are finagling be assigned judges that want to sit on the bench for another term, these are elected officials. Once again corporate America is just begging for these types of lawsuits. It was proven that once the coffee was made it was to hot for human consumption.
If you took the time to read the case (quite interesting) you would know McDonald’s had an internal study that showed it would cost them less to pay off anyone that got burnt from there hot coffee in lew of replacing all of their coffee machines in every restaurant. I believe you are referring to the old lady that burnt herself with McDonald’s coffee. Yes there should be lawsuit accountability but get your facts straight on the coffee suit. However, in the latest case, it appears that the judge has taken that next step and told the RIAA it needs to pay up for attorney’s fees as well, noting that these lawsuits based only on an IP address are “frivolous and unreasonable.” The judge also noted that it was completely unfair to put liability on “an Internet-illiterate parent, who does not know Kazaa from a kazoo.” The judge found that the “settlement offers” the RIAA puts forth offer no real way to contest the charges without going to court, and found that such a system does “not advance the aims of the Copyright Act.” Indeed.
There have been a number of cases lately where the judge has tossed out the case on the flimsy evidence - but all too often the judges then turn down requests by those who were wrongfully sued to have the RIAA reimburse them for attorney’s fees. Slowly, but surely, the courts are figuring out that there are some problems with the RIAA’s legal strategy of suing thousands upon thousands of people based solely on an IP address where they think infringing material is available.
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