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Man sues McDonald’s for $1.5 million over napkin incident

Discussion in 'Non Sci-fi Debates' started by Onimech, Mar 1, 2014.

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  1. Onimech

    Onimech Snazzy Custom Title Here

    http://kfor.com/2014/02/27/man-sues-mcdonalds-for-1-5-million-over-napkin-incident/
    I'm thinking we need some better methods of throwing cases like this out when they are just a little too obvious a cash grab. The weird thing is that I am sure there are plenty of people on a jury that might actually want to rule in favor of this guy, not because they think there is any mental anguish or he is deserving of a single thing, but because they would want to "stick it" to another eeeevil bloated corporation that could afford it anyway.
     
    Croux, UberJJK, Harry Leferts and 4 others like this.
  2. What on earth are you babbling about. This isn't going to get to a Jury. If this is actually the real facts of the case in question it's going to be tossed out in the first Motion Hearing for the California equivalent of a 12(b)(6) motion.

    Edit: More information, since people seem to have kind of ignored this.

    Filing a Lawsuit is basically meaningless. Anyone can file a lawsuit. I could file one on Monday claiming that Spacebattles is a front fro aliens and that everything here is bad. Summarily it would be dismissed on it's face as stupid when answered, but you can file suit without having any leg to stand on.

    In Federal Court (because I've taken Federal Rules of Civil Procedure and not California), this is answered with a 12(d) or 12(b)(6) motion. 12(d) is a response saying "The person suing us has given a pile of shit that's vague and makes no sense, we can't answer this". 12(b)(6) (the relevant on here) is basically a demurer. It's a failure to state a claim on which relief can be granted. (It's colloquially known as a "So What?" motion.)

    The point is, filing a suit is meaningless in regards to the quality of the suit. The original filing (especially because people can file Pro Se) is not a threshold gateway in addressing whether or not a suit is frivolous.
     
  3. SuperS4

    SuperS4 15/10 on the Evil Mod Meter Moderator

    Read another article, says he went to the counter to ask for more and they told him no; do they not have the napkins dispensers in the states? And he claims the manager was racist toward him.

    So I'm thinking the lawsuit has more to do with the racist comment then the lack of appropriate number of napkins.

    Though McDonalds is apparently unaware of any such lawsuit filed against them.
    http://consumerist.com/2014/02/28/m...r-1-5-million-because-he-only-got-one-napkin/
     
  4. SpartanElite

    SpartanElite Jot Coterie Abomination

    You don't get between a person and their McFix. An important part of the McFix is the napkins, which are used to wipe away the greases and sauces splattered across the McFixer's face to hide their shame - or for the case of the more delusional, their pride. Imagine if someone found out that you got a Quarter Pounder from McDonald's. How can you live with that?
     
  5. Corp

    Corp General of Seventh Gate Subscriber

    This story has caused me mental anguish. I demand this man give me $2 million!
     
  6. Onimech

    Onimech Snazzy Custom Title Here

    No wait, this reply has caused me mental anguish. I demand McDonald's pay me $1 million in restitution for getting this entire chain of events going by not giving that man the napkins he so needed which caused someone to report on this story then in turn causing me to make this thread which caused people to reply to it in a format that causes me pain and suffering!

    Join me, we can make it a class action suit!!!!
     
  7. The_Red_Star_Rising

    The_Red_Star_Rising Solidarity

    Somebody suing McDonalds over seemingly silly reasons in America isn't news...
     
    Chatokay likes this.
  8. Cap'n Chryssalid

    Cap'n Chryssalid the armor piercing wang

    I think you mean a Royale with Cheese?

    After spending a half hour on Turbo Tax, I would also like to formally request a million dollars from MacDonalds. Because... um... I dunno. Does it matter? Gimme money, man.
     
  9. smarino

    smarino like a boss

    Fuck this guy for making me side with McDonalds. :mad:
     
    LONE WOLF 666 likes this.
  10. Gecko4lif

    Gecko4lif Tristitia

    McDonalds makes more in a minute than the guy is during for
     
  11. Puppetmaster24

    Puppetmaster24 Professional Luddite

    Ok. I'm all for taking the piss when it comes to a corporation as (subjectively) evil as McDonalds. But this is taking... too much of the piss.

    And if it is about racist remarks as SuperS4 might think it is: I don't know enough to pass any kind of comment. Other than the news outlet needs to re-evaluate what they consider news worthy in an incident that hear about.
     
  12. the napkin dispensers are in the the customer area. likely when they told him no they pointed out the dispensers.
     
  13. smarino

    smarino like a boss

    True, but I absolutely fucking hate frivolous lawsuits.
     
  14. Imperial Waltz

    Imperial Waltz Groove Vader

    Wasn't there someone who sued them for getting fat? And another because they spilled their coffee on themselves and it was hot?

    People are fucking stupid.
     
  15. MJ12 Commando

    MJ12 Commando Solidarity

    Okay, so can you show me your psychologist bills and that McDonalds was the proximate cause, instead of, you know, you being silly and oversensitive? Very few suits actually go to trial.

    This wouldn't even get past pre-Twombly/Iqbal standards of pleading if these are the facts. Of course, given the hot coffee spill incident where everyone made it sound like a joke until we found out that the person in question actually did suffer. Really, why are people allowed to report on complaints? It makes the legal system look infinitely more dysfunctional than it actually is. People sue for the stupidest shit, those suits are basically always thrown out.
     
  16. smarino

    smarino like a boss

    The coffee one actually had merit. Basically McDonalds was keeping its coffee significantly above recommended safe temperatures.
     
    Gear, Salty, UberJJK and 19 others like this.
  17. JC - Interrupted

    JC - Interrupted We Are Caltech of Borg

    The person was also only suing for their massive medical expenses after being horribly burned by said coffee.
     
    Salty, UberJJK, Ramenth and 7 others like this.
  18. Zorlon

    Zorlon Grandmaster Asshole

    The person was also fumbling with a tight lid while precariously balancing the cup of scalding hot liquid between her legs.

    How do you live to be her age without learning that hot liquids are hazardous?

    Wikipedia says this about the temperature issue
    Coffee temperature

    In 1994, a spokesman for the National Coffee Association said that the temperature of McDonald's coffee conformed to industry standards.[2] An "admittedly unscientific" survey by the LA Times that year found that coffee was served between 157 and 182 °F, and that two locations tested served hotter coffee than McDonald's.[27]
    Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's policy today is to serve coffee between 80–90 °C (176–194 °F),[28] relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.[28][29] The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided the defense of subsequent coffee burn cases.[30] Similarly, as of 2004, Starbucks sells coffee at 175–185 °F (79–85 °C), and the executive director of the Specialty Coffee Association of America reported that the standard serving temperature is 160–185 °F (71–85 °C). Retailers today sell coffee as hot or hotter than the coffee that burned Stella Liebeck.
     
  19. SeaDart

    SeaDart Solidarity


    McDonalds is delicious.
     
  20. Enohthree

    Enohthree Hypersane

    To provide some context, the poor lady had to get freaking skin grafts over a significant percentage of her body.
    So yeah, coffee in that case was actually too hot.
     
  21. Zorlon

    Zorlon Grandmaster Asshole

    Wikipedia says this about the temperature issue
    Coffee temperature

    In 1994, a spokesman for the National Coffee Association said that the temperature of McDonald's coffee conformed to industry standards.[2] An "admittedly unscientific" survey by the LA Times that year found that coffee was served between 157 and 182 °F, and that two locations tested served hotter coffee than McDonald's.[27]
    Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's policy today is to serve coffee between 80–90 °C (176–194 °F),[28] relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.[28][29] The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided the defense of subsequent coffee burn cases.[30] Similarly, as of 2004, Starbucks sells coffee at 175–185 °F (79–85 °C), and the executive director of the Specialty Coffee Association of America reported that the standard serving temperature is 160–185 °F (71–85 °C). Retailers today sell coffee as hot or hotter than the coffee that burned Stella Liebeck.
     
    LT_Ryguy likes this.
  22. DarkGidora

    DarkGidora Dead to You All

    Which is why the jury found her partially at fault and subtracted from her damages.

    You mean the trade association that represents the U.S. coffee industry said there were no problems with the coffee? Surely an unbiased source. And I'm sure all those studies financed by Big Tobacco saying their products had no risk of cancer were not motivated at all by self-interest.

    It was a products liability suit. One grounds for liability is failure to warn; that whatever risk is inherent in the product that cannot be reasonably diminished should be warned against; that's what the jury hung their hat on. McDonald's gave insufficient warning. Yes, hot beverages are hot. It does not follow that everyone should expect skin grafts if they have an accident. As a result of the suit, McDonald's made their warnings bigger (as in visible).

    The fact is McDonalds knew there coffee caused severe burns, because they had already paid out to about seven hundred people before the Liebeck incident. One of the arguments why they deserved the gigantic punative damages was they were fully aware they sold a dangerous product, and didn't really care.
     
  23. Sven

    Sven Pure handsome




    I really need to bookmark that.
     
  24. Zorlon

    Zorlon Grandmaster Asshole

    you realize I posted that in response to this
    Who was recommending lower temperatures? And if temperature was the problem why does the temperature remain the same today in both McDonalds and other retailers?

    It's not impossible for McDonalds to be at fault for reasons other than coffee temperature.
     
  25. YUIOP10

    YUIOP10 SHINING BUILD KNUCKLE

    Interesting personal story that's relevant to the coffee incident:

    My English teacher actually attempted to use the tidbit as an example for frivolous lawsuits, and when I corrected her on the actual events, she made a commotion out of it, claiming I was calling her a liar in front of 36 people. She then proceeded to drag me out of the classroom and yell at me in the hallway. When she came back in, she looked up the article and stated "The woman drove off in her car with the coffee between her legs, and then spilled it over herself. And it wasn't hotter than the average, the temperature was 190 degrees Fahrenheit" to which one of my dumbass classmates responded "Oh yeah, that's normal brewing temperature."

    Now, there are 5+ things that I can pick out what she said that was a blatant lie or lie of omission, but it should be inherent in the paragraph itself. The real problem is that whenever something like this gets exaggerated, it becomes cemented. Everyone knows of the "coffee suing woman" to be a big example of frivolous lawsuits even though it's a false example..
     
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