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Re: [OT] Suing for hot coffee [Was: Re: UnrealIRCd License (Click-Through issue)]



Whoa. Digging around in the archives are we?

On Sat, 20 Sep 2003, Joe Drew wrote:
> Don Armstrong wrote:
>>1: Of course, you do hear about rather rediculous [sic] judgements
>>from time to time. That's because there are quite a few moronic lower
>>court judges out there. Most of those settlements (the Mc-D's coffee
>>one for instance) are often overturned or reduced in the appeals
>>process.
> 
> Contrary to popular belief, the McDonald's coffee case was not
> frivolous.
> 
> http://www.centerjd.org/free/mythbusters-free/MB_mcdonalds.htm

First off, hot coffee causes 2nd degree burns, not 3rd degree
burns.[1]

Secondly, the punitive award by the jury of 2.7 million, or 10 times
the compensatory damages (and 1000 times the actual medical costs) are
a bit large, and were indeed, reduced by the judge to a slightly more
reasonable 3 times the compensatory damages, or 640K.[2]

Finally, while the McD's case, upon further inspection, wasn't
necessarily frivolous, it is indicative of larger judgements that are
often filed against plaintiffs, and then reduced later.


Don Armstrong

1: Assuming that you're not going swiming in the stuff, of course.
2: http://www.cooter-ulen.com/tort_liability.htm
-- 
America was far better suited to be the World's Movie Star. The
world's tequila-addled pro-league bowler. The world's acerbic bi-polar
stand-up comedian. Anything but a somber and tedious nation of
socially responsible centurions.

-- Bruce Sterling, _Distraction_ p122

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

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