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Frog-in-law1995

Frog-in-law1995

Active Member
PO Frog said:
This is egregiously wrong but I don’t feel like getting into it. The coffee was brewed at the temperature it needs to be brewed in order to be coffee. And Stella suffered great damages but not because of McDonald’s negligence, but because she spilled hot coffee on her crotch.
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The brewing temperature of the coffee is irrelevant. It was served at a temperature McDonald’s acknowledged they knew A) was too hot to drink right away, and B) would cause 3rd degree burns if spilled on someone. Yet they continued to have a policy of serving coffee at that temperature despite hundreds of previous complaints. And someone spilling coffee on themselves in a drive thru is totally foreseeable. I agree with you that McD’s wasn’t negligent, though. They were reckless.
 
netty2424

netty2424

Full Member
Coffee temps at Starbucks are so inconsistent. One day my drink will be Luke warm and the next it'll be scorching hot for 20 minutes. Would seem like these coffee companies would have a more consistent method of serving a hot drink.
 
P

PO Frog

Active Member
Frog-in-law1995 said:
The brewing temperature of the coffee is irrelevant. It was served at a temperature McDonald’s acknowledged they knew A) was too hot to drink right away, and B) would cause 3rd degree burns if spilled on someone. Yet they continued to have a policy of serving coffee at that temperature despite hundreds of previous complaints. And someone spilling coffee on themselves in a drive thru is totally foreseeable. I agree with you that McD’s wasn’t negligent, though. They were reckless.
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No no no no. The coffee was served at guideline temperatures. They had 700 complaints over the previous decade, which equates to a rate of one for every 24 million cups of coffee they served. They weren’t dinged for negligence - they were dinged on a product liability theory in which Liebeck argued that the product was unreasonably dangerous. Starbucks sells billions more cups of coffee at higher temperatures and they get complaints and lose market share when it’s not hot enough. The same unreasonably dangerous claim has been brought twelve other times and been appropriately tossed by the judge before a jury could ever hear it like in the Liebeck case. You are very wrong on this. She asked for $20k then $300k before trial.

Also, the reasons the burns were so severe was because she was in the passenger seat and didn’t have a cup holder. So she put the coffee between her legs to take the top off, spilling it in her crotch. Her sweat pants were made of cotton and absorbed all of the heat, and she sat in it for 90 seconds. To this day, coffee brewing guidelines call for 180-195. Liebeck’s lawyer admits it was likely 170 by the time she spilled it.
 
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PO Frog

Active Member
Frog-in-law1995 said:
The brewing temperature of the coffee is irrelevant. It was served at a temperature McDonald’s acknowledged they knew A) was too hot to drink right away, and B) would cause 3rd degree burns if spilled on someone. Yet they continued to have a policy of serving coffee at that temperature despite hundreds of previous complaints. And someone spilling coffee on themselves in a drive thru is totally foreseeable. I agree with you that McD’s wasn’t negligent, though. They were reckless.
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And if that’s reckless Starbucks is guilty of hundreds of millions of offenses per day. Interesting take.
 
Armadillo

Armadillo

Full Member
tcumaniac said:
Kolby should sue his English and Writing teachers too.
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What do you think Maniac, maybe one of the Profanity Filters needs to be changed to KOLBY?

Wes, your thoughts?

I really hate for this to happen to a former player, but he is really taking a "Kolby" on our program.

Of course all final Profanity decisions have to be approved by RollToad, our own in-house ProfanisEmeritus.
 
wes

wes

KIllerfrog Emeritus
Armadillo said:
What do you think Maniac, maybe one of the Profanity Filters needs to be changed to KOLBY?

Wes, your thoughts?

I really hate for this to happen to a former player, but he is really taking a "Kolby" on our program.

Of course all final Profanity decisions have to be approved by RollToad, our own in-house ProfanisEmeritus.
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i'm game.

what do the rest of you think and we need a replacement word for Kolby
 
Deep Purple

Deep Purple

Full Member
Frog-in-law1995 said:
I know that case gets bagged on, but the facts are pretty horrendous. McD’s turned down a very reasonable demand ($25,000, iirc) and deserved what it got. They had hundreds of complaints about the coffee being too hot and basically told people to darn off, even though documents showed they knew their policy of (whatever the temperature requirement was) would cause 3rd degree burns within 5 seconds if spilled.
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Not only that, but the woman who was scalded by the superheated coffee had such severe tissue destruction, she required extensive surgical skin grafts. The photos of her wounds are horrendous.

When this case was in the news, the narrative was that she burned herself by opening the hot coffee while driving, then burned herself and sued MacDonald’s for her own bad judgement like a typical irresponsible, entitled a-hole. But that’s not even close to what actually happened. Her son was driving the car, not her, and he.had already parked the car in the MacD’s parking lot before she attempted to open the coffee. When she was burned, the car was not only stationary, the engine was turned off.

Yet this woman’s case was distorted and blown all out of proportion by news media attempting engineer a prefabbed critique of America’s greedy culture of frivolous lawsuits. Perfect example of fake news before “fake news” was recognized as a thing.
 

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