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Stella Liebeck vs. McDonald’s
“The Coffee Case”
-how much do you really know ??-
1. When Stella Liebeck was burned, she was in the:
A driver's seat
B passenger seat
C rear seat
1. When Stella Liebeck was burned, she was in the:
A driver's seat
***B passenger seat
C rear seat
2. When the coffee spilled, the car was:
A moving
B parked
C on the highway
2. When the coffee spilled, the car was:
A moving
***B parked
C on the highway
3. The cup:
A was being handed to her and was dropped
B in her crotch
C was between her knees
3. The cup:
A was being handed to her and was dropped
B in her crotch
***C was between her knees
4. When the coffee spilled, Stella was:
A squeezing her legs together while reaching
for her egg mcmuffin
B removing the lid to add cream and sugar
C eating her breakfast
4. When the coffee spilled, Stella was:
A squeezing her legs together while reaching
for her egg mcmuffin
***B removing the lid to add cream and sugar
C eating her breakfast
5. Stella received burns to her:
A inner thighs
B perineum
C buttocks
D genitalia
***E all the above
5. Stella received burns to her:
A inner thighs
B perineum
C buttocks
D genitalia
***E all the above
6. These burns were:
A 1st degree
B 2nd degree
C 3rd degree
D all the above
6. These burns were:
A 1st degree
B 2nd degree
C 3rd degree
***D all the above
7. Stella required:
A 2 days in the hospital
B 5 days in the hospital
C 8 days in the hospital and skin grafting surgery
7. Stella required:
A 2 days in the hospital
B 5 days in the hospital
***C 8 days in the hospital and skin grafting surgery
8. (hint: your coffee at home comes out at about 135 degrees)
The McDonald's quality assurance manager testified that
the company actively enforced a requirement that its coffee
be served between:
A 140 to 150 degrees
B 150 to 170 degrees
C 180 to 190 degrees
8. (hint: your coffee at home comes out at about 135 degrees)
The McDonald's quality assurance manager testified that
the company actively enforced a requirement that its coffee
be served between:
A 140 to 150 degrees
B 150 to 170 degrees
***C 180 to 190 degrees
9. McDonald's quality assurance manager testified
that the company knew that coffee served at the required
temperature was not fit for consumption because it would
burn the mouth and throat
True or False ?
9. McDonald's quality assurance manager testified
that the company knew that coffee served at the required
temperature was not fit for consumption because it would
burn the mouth and throat
***True !!
10. According to the experts, coffee served at the temperature
as required by McDonald's will cause
full thickness burns to human skin in:
A 2 to 7 seconds
B 10 to 20 seconds
C 30 to 60 seconds
10. According to the experts, coffee served at the temperature
as required by McDonald's will cause
full thickness burns to human skin in:
***A 2 to 7 seconds
B 10 to 20 seconds
C 30 to 60 seconds
11. Prior to Stella's burns, McDonald's had received
*more* than this many coffee burn claims:
A 100
B 300
C 700
11. Prior to Stella's burns, McDonald's had received
*more* than this many coffee burn claims:
A 100
B 300
***C 700
12. Prior to filing her lawsuit, McDonald’s
*rejected* Stella’s offer to settle all her claims,
medical bills, injury and scarring, for the total amount of:
A $20,000
B $100,000
C $500,000
12. Prior to filing her lawsuit, McDonald’s
*rejected* Stella’s offer to settle all her claims,
medical bills, injury and scarring, for the total amount of:
***A $20,000
B $100,000
13. The jury evaluated Stella's *total* claim
for compensatory damages for all of her
medical bills, her injuries, and her scarring at:
A $200,000
B $500,000
C $2,000,000
13. The jury evaluated Stella's *total* claim
for compensatory damages for all of her
medical bills, her injuries, and her scarring at:
***A $200,000
B $500,000
C $2,000,000
14. Based on the evidence and testimony,
the jury also awarded punitive damages
against McDonald's in the amount of:
A $2,700,000
B $4,300,000
C $10,000,000
14. Based on the evidence and testimony,
the jury also awarded punitive damages
against McDonald's in the amount of:
***A $2,700,000
B $4,300,000
C $10,000,000
–which was later *reduced* by the court
at McDonald’s request to:
D $480,000
E $1,500,000
F $5,000,000
–which was later *reduced* by the court
at McDonald’s request to:
***D $480,000
E $1,500,000
F $5,000,000
15. As her percentage share of her own responsibility
or fault for contributing to her own injury,
the jury assessed fault against Stella in the amount of:
A 0% her fault, 100% McDonald’s fault
B 10% her fault, 90% McDonald’s fault
C 20% her fault, 80% McDonald’s fault
15. As her percentage share of her own responsibility
or fault for contributing to her own injury,
the jury assessed fault against Stella in the amount of:
A 0% her fault, 100% McDonald’s fault
B 10% her fault, 90% McDonald’s fault
***C 20% her fault, 80% McDonald’s fault
Surprised?
At what?
Your score, or the true facts?
Suggested Scoring, out of 16 possible correct
16: Congrats, you are very knowledgeable, you might have been on Stella’s trial team,
or maybe even counsel for the defense, worked in McDonald’s corporate office, or you
just flat-out cheated
12-15: still very much in the know, and good recall of the truth without being swayed by
embellished falsehoods
8-11: not too bad, better than half, or you used a coin toss....
4-7: watch out; those spinmeisters are earning their pay, and you prefer to believe them
instead of thinking independently and analytically.....
0-3: sorry, but either you never read past the headlines in the grocery store checkout
lane, or you are a “ditto-head” dyed-in-the-wool tort deform advocate, or both
Here’s the more surprising truth
No Surprise to McDonald’s
McDonald’s received claims on similar cases for 10 years,
and quietly settled them, spending more than $500,000,
to keep them out of court and did not change its policies
regarding the coffee temperature
Unreasonable counteroffer
-Stella’s medical bills totaled more than $11,000,
and McDonald’s responded to her $20,000
offer to settle with a counter offer of only $800
Unreasonable refusal
-McDonald’s had several other chances to settle
the case before trial: At one point, Stella’s attorney
offered to settle for $300,000. In addition, days before
the trial, the judge ordered both sides into a mediated
settlement conference where the mediator, a retired judge,
recommended that McDonald’s settle for $225,000.
McDonald’s refused all attempts to settle the case
Paltry penalty
-The punitive damages against McDonald’s equaled
only about 2 days of McDonald’s coffee sales;
similar to the average person paying a parking ticket
McDonald’s gets off easy
-After appeals, and after the court reduced the
punitive award to only 3 times the damage award,
or $480,000, for a total of $640,000,
the claim was finally settled for a confidential sum
believed to be a lesser amount
…And, keeps it out of the news
-As part of this settlement,
McDonald’s demanded that
no one could release the details of the case
What’s the GOOD news??
-Soon after the verdict, investigation revealed
that the McDonald’s in the area where Stella was burned
were serving coffee at an average temperature
below 160 degrees !!!
The BAD news…
-It’s just too bad Stella, and hundreds of other people
had to be senselessly injured, courts and juries tied up
for weeks, months, and years, and millions of dollars
spent on litigation before a big corporation would
recognize that personal safety is always more important
than profits
Yes, this “frivolous lawsuit” and many others just like it
have made a very positive difference
in making your lives, and those of your family
more safe in the long run
Thank you for listening and opening your
minds……

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Stella Liebeck Vs Mc Donald

  • 1. Stella Liebeck vs. McDonald’s “The Coffee Case” -how much do you really know ??-
  • 2.
  • 3. 1. When Stella Liebeck was burned, she was in the: A driver's seat B passenger seat C rear seat
  • 4. 1. When Stella Liebeck was burned, she was in the: A driver's seat ***B passenger seat C rear seat
  • 5. 2. When the coffee spilled, the car was: A moving B parked C on the highway
  • 6. 2. When the coffee spilled, the car was: A moving ***B parked C on the highway
  • 7. 3. The cup: A was being handed to her and was dropped B in her crotch C was between her knees
  • 8. 3. The cup: A was being handed to her and was dropped B in her crotch ***C was between her knees
  • 9. 4. When the coffee spilled, Stella was: A squeezing her legs together while reaching for her egg mcmuffin B removing the lid to add cream and sugar C eating her breakfast
  • 10. 4. When the coffee spilled, Stella was: A squeezing her legs together while reaching for her egg mcmuffin ***B removing the lid to add cream and sugar C eating her breakfast
  • 11. 5. Stella received burns to her: A inner thighs B perineum C buttocks D genitalia ***E all the above
  • 12. 5. Stella received burns to her: A inner thighs B perineum C buttocks D genitalia ***E all the above
  • 13. 6. These burns were: A 1st degree B 2nd degree C 3rd degree D all the above
  • 14. 6. These burns were: A 1st degree B 2nd degree C 3rd degree ***D all the above
  • 15. 7. Stella required: A 2 days in the hospital B 5 days in the hospital C 8 days in the hospital and skin grafting surgery
  • 16. 7. Stella required: A 2 days in the hospital B 5 days in the hospital ***C 8 days in the hospital and skin grafting surgery
  • 17. 8. (hint: your coffee at home comes out at about 135 degrees) The McDonald's quality assurance manager testified that the company actively enforced a requirement that its coffee be served between: A 140 to 150 degrees B 150 to 170 degrees C 180 to 190 degrees
  • 18. 8. (hint: your coffee at home comes out at about 135 degrees) The McDonald's quality assurance manager testified that the company actively enforced a requirement that its coffee be served between: A 140 to 150 degrees B 150 to 170 degrees ***C 180 to 190 degrees
  • 19. 9. McDonald's quality assurance manager testified that the company knew that coffee served at the required temperature was not fit for consumption because it would burn the mouth and throat True or False ?
  • 20. 9. McDonald's quality assurance manager testified that the company knew that coffee served at the required temperature was not fit for consumption because it would burn the mouth and throat ***True !!
  • 21. 10. According to the experts, coffee served at the temperature as required by McDonald's will cause full thickness burns to human skin in: A 2 to 7 seconds B 10 to 20 seconds C 30 to 60 seconds
  • 22. 10. According to the experts, coffee served at the temperature as required by McDonald's will cause full thickness burns to human skin in: ***A 2 to 7 seconds B 10 to 20 seconds C 30 to 60 seconds
  • 23. 11. Prior to Stella's burns, McDonald's had received *more* than this many coffee burn claims: A 100 B 300 C 700
  • 24. 11. Prior to Stella's burns, McDonald's had received *more* than this many coffee burn claims: A 100 B 300 ***C 700
  • 25. 12. Prior to filing her lawsuit, McDonald’s *rejected* Stella’s offer to settle all her claims, medical bills, injury and scarring, for the total amount of: A $20,000 B $100,000 C $500,000
  • 26. 12. Prior to filing her lawsuit, McDonald’s *rejected* Stella’s offer to settle all her claims, medical bills, injury and scarring, for the total amount of: ***A $20,000 B $100,000
  • 27. 13. The jury evaluated Stella's *total* claim for compensatory damages for all of her medical bills, her injuries, and her scarring at: A $200,000 B $500,000 C $2,000,000
  • 28. 13. The jury evaluated Stella's *total* claim for compensatory damages for all of her medical bills, her injuries, and her scarring at: ***A $200,000 B $500,000 C $2,000,000
  • 29. 14. Based on the evidence and testimony, the jury also awarded punitive damages against McDonald's in the amount of: A $2,700,000 B $4,300,000 C $10,000,000
  • 30. 14. Based on the evidence and testimony, the jury also awarded punitive damages against McDonald's in the amount of: ***A $2,700,000 B $4,300,000 C $10,000,000
  • 31. –which was later *reduced* by the court at McDonald’s request to: D $480,000 E $1,500,000 F $5,000,000
  • 32. –which was later *reduced* by the court at McDonald’s request to: ***D $480,000 E $1,500,000 F $5,000,000
  • 33. 15. As her percentage share of her own responsibility or fault for contributing to her own injury, the jury assessed fault against Stella in the amount of: A 0% her fault, 100% McDonald’s fault B 10% her fault, 90% McDonald’s fault C 20% her fault, 80% McDonald’s fault
  • 34. 15. As her percentage share of her own responsibility or fault for contributing to her own injury, the jury assessed fault against Stella in the amount of: A 0% her fault, 100% McDonald’s fault B 10% her fault, 90% McDonald’s fault ***C 20% her fault, 80% McDonald’s fault
  • 35. Surprised? At what? Your score, or the true facts?
  • 36. Suggested Scoring, out of 16 possible correct 16: Congrats, you are very knowledgeable, you might have been on Stella’s trial team, or maybe even counsel for the defense, worked in McDonald’s corporate office, or you just flat-out cheated 12-15: still very much in the know, and good recall of the truth without being swayed by embellished falsehoods 8-11: not too bad, better than half, or you used a coin toss.... 4-7: watch out; those spinmeisters are earning their pay, and you prefer to believe them instead of thinking independently and analytically..... 0-3: sorry, but either you never read past the headlines in the grocery store checkout lane, or you are a “ditto-head” dyed-in-the-wool tort deform advocate, or both
  • 37. Here’s the more surprising truth
  • 38. No Surprise to McDonald’s McDonald’s received claims on similar cases for 10 years, and quietly settled them, spending more than $500,000, to keep them out of court and did not change its policies regarding the coffee temperature
  • 39. Unreasonable counteroffer -Stella’s medical bills totaled more than $11,000, and McDonald’s responded to her $20,000 offer to settle with a counter offer of only $800
  • 40. Unreasonable refusal -McDonald’s had several other chances to settle the case before trial: At one point, Stella’s attorney offered to settle for $300,000. In addition, days before the trial, the judge ordered both sides into a mediated settlement conference where the mediator, a retired judge, recommended that McDonald’s settle for $225,000. McDonald’s refused all attempts to settle the case
  • 41. Paltry penalty -The punitive damages against McDonald’s equaled only about 2 days of McDonald’s coffee sales; similar to the average person paying a parking ticket
  • 42. McDonald’s gets off easy -After appeals, and after the court reduced the punitive award to only 3 times the damage award, or $480,000, for a total of $640,000, the claim was finally settled for a confidential sum believed to be a lesser amount
  • 43. …And, keeps it out of the news -As part of this settlement, McDonald’s demanded that no one could release the details of the case
  • 44. What’s the GOOD news?? -Soon after the verdict, investigation revealed that the McDonald’s in the area where Stella was burned were serving coffee at an average temperature below 160 degrees !!!
  • 45. The BAD news… -It’s just too bad Stella, and hundreds of other people had to be senselessly injured, courts and juries tied up for weeks, months, and years, and millions of dollars spent on litigation before a big corporation would recognize that personal safety is always more important than profits
  • 46. Yes, this “frivolous lawsuit” and many others just like it have made a very positive difference in making your lives, and those of your family more safe in the long run
  • 47. Thank you for listening and opening your minds……