MCDONALD'S COFFEE CASE --- What Are The Facts?
The now infamous case
of a lawsuit against the McDonald's Corporation for serving dangerously hot coffee
generated an extraordinary amount of public outcry. Everytime I question potential jury
members before a trial, I always hear the same thing. The potential jurors all say that
the civil justice system is out of control and the refer to the McDonald's case. Then when
I question them as to what they really know about the case, again, I always hear the same
thing. All they know is that a jury awarded $2.7 million in damages to some little old
lady who spilt coffee on herself while driving away from McDonald's drive through line.
Unfortunately, just about none of this is what happened. Here are the facts:
Fact #1 - For years McDonalds served their coffee up to 40 degrees
hotter than other fast food restaurants. In this way, they could get more coffee per pound
of beans and increase their profits by a few cents per cup.
Fact #2 - McDonald's coffee was so hot that, if spilled, it could
cause third degree burns, which would burn through skin and down to the muscle in less
than three seconds.
Fact #3 - McDonald's has had over 700 previous claims related to
serious burns from their coffee to their customers, many of whom had been injured in the
genital area, inner thighs, and buttocks areas. Yet, McDonald's refused to lower the
temperature of their coffee.
Fact #4 - The injured (burned) plaintiff in this case, 79 year old
Stella Lieback, was not driving her car. She was seated as the passenger in her grandson's
parked car, holding the coffee cup between her legs while removing the plastic lid. The
cup tipped over and poured the scalding hot coffee into her lap causing third degree
burns.
Fact #5 - Mrs. Lieback required eight days of hospitalization and
multiple surgeries, including skin grafts as a result of being scalded by McDonald's
coffee.
Fact #6 - Mrs. Lieback only took legal action against McDonald's
after they refused to reimburse her for her medical expenses.
Fact #7 - The jury was so outraged at the arrogance and
callousness of McDonald's that they awarded punitive damages, to punish McDonald's and to
deter McDonald's from such conduct in the future. They awarded $2.7 million.
Fact #8 - The day after the verdict, McDonald's reduced the
temperature of their coffee.
Fact #9 - The trial judge thought the verdict was too high and
reduced the verdict to about $400,000 at McDonald's request. (This is one fact that the
insurance lawyers and McDonald's corporate lawyers never mention.)
Now you've
got the facts! The system works just fine. McDonald's got the message.
Send e-mail to DavidWood@DEWoodLaw .
Last modified: June 9, 2005 