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vsp 02-05-2004 11:41 AM

We all knew this was coming
 
DUMBEST... LAWSUIT... <b>EVER</b>.

<a href="http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_2630274,00.html">Knoxville woman files suit over halftime show-induced 'injury'</a>

<i>A Knoxville woman filed a proposed class action lawsuit Wednesday against Janet Jackson, Justin Timberlake, MTV, CBS and Viacom, contending she and other viewers were injured by their lewd actions during the Super Bowl halftime show.

Terri Carlin filed her lawsuit "on behalf of all Americans who watched the halftime show" in federal court in Knoxville.
...
"As a direct and proximate result of the broadcast of the acts, (Carlin) and millions of others saw the acts and were caused to suffer outrage, anger, embarrassment and serious injury," the lawsuit filed by Knoxville attorney Wayne A. Ritchie II states.

It doesn't specify the type of serious injury.
...
Because the game is broadcast worldwide, Ritchie also wrote that the actions harmed the "standing and credibility" of Americans throughout the world.

Carlin's lawsuit seeks compensatory and punitive damages worth billions. </i>

Beestie 02-05-2004 11:45 AM

John Edwards is reconsidering as we speak.

Elspode 02-05-2004 11:47 AM

Oh, please...

Kitsune 02-05-2004 11:58 AM

Ritchie also wrote that the actions harmed the "standing and credibility" of Americans throughout the world.

Somehow I think we're going to do more damage to our image by raising a lawsuit over something so silly.

FileNotFound 02-05-2004 02:16 PM

Welcome to the US where you can sue for spilling hot coffee over your groin and win...because...*gasp* it was hot!

perth 02-05-2004 02:31 PM

In all fairness, that coffee caused 3rd degree burns. Coffee doesn't need to be that hot.

lumberjim 02-05-2004 02:39 PM

and the lawyer she's hired is the guy from seinfeld that always helps Kramer, right?

Atrocious! Offensive! Uncalled for!

Elspode 02-05-2004 03:26 PM

Quote:

Originally posted by perth
In all fairness, that coffee caused 3rd degree burns. Coffee doesn't need to be that hot.
Ever bite into a pizza that burned the roof of your mouth really badly? I have, many times. I should have sued the shit out of Pizza Hut, damn my shortsightedness. It didn't have to be that hot. They should bake them at lower temperatures so as to avoid endangering the public. ;)

As I said in my rant in Sidhe's forum, I think it is rather implicit that hot stuff should be allowed to cool off before being consumed. I mean, if I overheat a burrito in the Quickee Mart's microwave, then stuff it in my mouth, aren't they liable for allowing the microwaves to run long enough to make it that hot?

Where's the common sense and personal responsibility? I blame all of this on the government finally having allowed lawyers to advertise...:rolleyes:

FileNotFound 02-05-2004 03:52 PM

You're buying HOT coffee.

Not "luke warm" or "mildly hot" or "130F Coffee"

You're buying HOT coffee. It says so!

If my coffee was NOT hot, I'd not want it.

When I buy coffee I don't drink it for at least 5 minutes. Why? Because I'm not a retard.

If you are stupid enough to PUT the HOT coffee BETWEEN YOUR THIGHS IN A CAR (the thing that moves about a lot and where you have to use your legs to push pedals) you deservre to get burned there so badly that you never breed again.

Happy Monkey 02-05-2004 04:18 PM

While I have burned my mouth on hot pizza, I have never required surgery for it. This leads me to think that perhaps the coffee was hotter than the pizza.

perth 02-05-2004 05:42 PM

Quote:

Originally posted by FileNotFound
If you are stupid enough to PUT the HOT coffee BETWEEN YOUR THIGHS IN A CAR (the thing that moves about a lot and where you have to use your legs to push pedals) you deservre to get burned there so badly that you never breed again.
You didn't read the article I linked. At least not fully. She wasn't driving.

Yeah, not smart to put it between your thighs under any circumstance (she was found to be atleast partially responsible for the injuries), but as Monkey just pointed out, it required surgery. This wasn't "Fuck, that pizza burned the roof of my mouth!", this was "That fucking coffee disfigured me!". Can you honestly tell me its a good idea to put something that hot in a flimsy styrofoam cup and trust the American public to never ever have something like this happen? It was bound to happen, regardless of circumstances. In fact, it did happen. Repeatedly. Read the article.

ladysycamore 02-05-2004 07:07 PM

are you kidding me?!?!?!?!?!?!?!?!?!?!?
 
Quote:

Originally posted by vsp
DUMBEST... LAWSUIT... <b>EVER</b>.

{snip-a-roony}

*laughing...to...hard...can't...type.....*


:rolleyes: :mad: :D :haha: :rar: :angry: :confused: :rattat: :worried:

Sorry...I was feeling a number of emotions on that one...

FileNotFound 02-05-2004 07:12 PM

There is an old saying.

You play with fire, you're going to get burned.

The same applies to hot coffee. Don't treat it with care, you'll get burned.

It's NOT McD responsibilty to make sure that you won't spill the hot coffee all over yourself. It's NOT their responsibility to make sure that if the retard is incompetent enough to spill coffee all over thier genitals they won't get burned.

Here is the only responsibility of McD: Give you actual, hot, fresh, coffee. Thats it. The rest is up to you.

elSicomoro 02-05-2004 08:24 PM

I suspect the lawsuit will be thrown out in the not-too-distant future.

perth 02-05-2004 08:32 PM

From the article I linked...

Quote:

The sweatpants Liebeck was wearing absorbed the coffee and held it next
to her skin. A vascular surgeon determined that Liebeck suffered full
thickness burns (or third-degree burns) over 6 percent of her body
,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns
substantially similar to Liebecks. This
history documented McDonalds' knowledge about the extent and nature of
this hazard.


McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.


Further, McDonalds' quality assurance manager testified that the company
actively enforces a requirement that coffee be held in the pot at 185
degrees, plus or minus five degrees. He also testified that a burn
hazard exists with any food substance served at 140 degrees or above
,
and that McDonalds coffee, at the temperature at which it was poured
into styrofoam cups, was not fit for consumption because it would burn
the mouth and throat. The quality assurance manager admitted that burns
would occur, but testified that McDonalds had no intention of reducing
the "holding temperature" of its coffee.

McDonald's, after being made aware of the risk their coffee posed 700 times, willfully chose to keep their coffee at proven unsafe temperatures. You're excusing it because the coffee is served "hot". The coffee I make in the morning is hot too, but if i spill it on my crotch I'm not going to the fucking emergency room. I might need some aloe or a cold soak, but I'm not going to need a skin graft. That coffee is too. fucking. hot.

Undertoad 02-05-2004 08:47 PM

700 in ten years, or 70 incidents a year at apx. 13,000 McDonald's restaurants in the US? That's below noise level.

elSicomoro 02-05-2004 08:48 PM

I agree with you, Perth, in that the coffee was served too hot. But the woman put the coffee between her knees...that's just asking for trouble, IMO.

(Though I don't understand why McDonald's didn't just settle up front...$20K? That's peanuts for them.)

perth 02-05-2004 09:10 PM

Quote:

Originally posted by sycamore
I agree with you, Perth, in that the coffee was served too hot. But the woman put the coffee between her knees...that's just asking for trouble, IMO.

(Though I don't understand why McDonald's didn't just settle up front...$20K? That's peanuts for them.)

I agree, and I think she should have shared more than 20% of the blame, say 50%. But the point is, i guess, that when you go to a restaurant and are served food and beverages, it's reasonable to expect that the item is immediately fit for consumption. Everything on the McDonald's menu is like that, with the lone exception of coffee (well, I guess thats fixed now).

You can argue that people aren't going to drink their coffee in the car, and it has time to cool down (despite the fact that this is coffee from the same pot served to eat-in customers). McD's did.
Quote:

McDonalds asserted that customers buy coffee on their way to work or
home, intending to consume it there. However, the companys own research
showed that customers intend to consume the coffee immediately while
driving.
And that flew like a brick.

Place responsibility where it belongs. Yes, the plaintiff was to blame for doing something so stupid, but I'll say it again. That coffee was too goddamned hot. Not fit for consumption.

tw 02-05-2004 09:17 PM

Re: We all knew this was coming
 
Quote:

Originally posted by vsp
A Knoxville woman filed a proposed class action lawsuit Wednesday against Janet Jackson, Justin Timberlake, MTV, CBS and Viacom, contending she and other viewers were injured by their lewd actions during the Super Bowl halftime show.
One problem. Nudity is healthy. Fear of nudity, promoted by religious extremists, then promotes further unfounded fears - such as fear of mythical WMDs.

perth 02-05-2004 09:26 PM

Re: Re: We all knew this was coming
 
Quote:

Originally posted by tw
Nudity is healthy.
Wise words. :D

elSicomoro 02-05-2004 09:29 PM

Re: Re: We all knew this was coming
 
Quote:

Originally posted by tw
Nudity is healthy.
Depends on who is nude. :D

Elspode 02-05-2004 09:44 PM

I think the hot coffee situation is 'gonna have to agree to disagree'...

I compare it to fireworks. Fireworks go bang. If handled properly, nobody gets hurt. Screw up, and you might get serious burns. It is all in how you handle it. Mishandle a cup of coffee, get burned.

To me, it is the same as saying 'that firecracker shouldn't have exploded with sufficient force to harm me just because I used it improperly.'

perth 02-05-2004 09:49 PM

And you make a good point. Coffee is suppose to be hot. I guess I just think it doesn't have to be that hot.

tw 02-07-2004 12:08 AM

Quote:

Originally posted by Elspode
I think the hot coffee situation is 'gonna have to agree to disagree'...

I compare it to fireworks. Fireworks go bang. If handled properly, nobody gets hurt.
Have a fire cracker explode in your hand and only get a numb hand. Have dynamite explode there - something major and different. McDonalds was selling dynamite (or M80) as a fire cracker. They had *hundreds* of previous complaints and did nothing - absoutely nothing.

Its not difficult to turn down the temperature. Only when dollar value was seen by executives, did the executives finally decide to study the problem. What did they do? Brew coffee as the coffee industry recommended.

Major difference between a product that burns 'through' muscle and one that only burns (and does not remove) skin. Appreciate the difference. McDonalds had been informed of the danger multiple times and did nothing. It was not just a cup of coffee. They were selling something that would not just burn skin off. Their coffee was so excessively hot as to destroy muscle. That is a major difference of 50 degrees.

I also profited from a necessary lawsuit. McDonald's coffee was brewed so hot to be full of acids and oils. So bad that only one cup of coffee gave me a headache similar to that from drug addict smokers. Once MacDonalds lowered the temperature, then McDonalds coffee actually was drinkable. But look what it took to get a decent cup of coffee? Classic problem when an MBA is the bean counter.

Torrere 02-07-2004 02:46 PM

McDonalds knew that it was a problem, they had researched it and been sued over it, but they did not fix it. Why not? It was a few cents cheaper if they didn't cool down the coffee to the recommended drinking temperature before serving. Added together, those few cents saved more than paid for the lawsuits that McDonald's suffered over the hot coffee.

They endangered a lot of people for a few cents per cup profit. Why shouldn't the corporation be expected to show some responsibility?

elSicomoro 02-07-2004 02:54 PM

Why would anyone drink McDonald's coffee anyway? It tastes like shit, IMO.

lumberjim 02-07-2004 02:58 PM

dunkin donuts is just as friggin hot, too

i have to wait at least 1/2 hr before i drink it....why can't they all just be wawa?

wolf 02-07-2004 04:53 PM

Just for S&Gs, while I was brewing a pot of tea today (yes, I do sometimes drink tea instead of coffee, just not that often, because it's not convenient to do at work, since I don't have a stove or electric kettle there, and microwaving for teabags just doesn't seem proper, and it never comes out tasting right) ...

I checked the temp on the tea at the conclusion of steeping ... 'twas 185°F. When the tea hits the leaves initially, it's at boiling temperature ... has to be, for the correct flavor release.

Oh, and I started drinking it right away. How is it that something that's perfectly acceptable for contact with an area of the body which has less damageresistance than the upper thighs that immediate damage does not occur?

I also found myself wondering what the internal temperature of a whale penis might be.

russotto 02-07-2004 10:27 PM

There's a "fact sheet" that a lot of McDonalds case debunkers read from. Problem with the "fact sheet" is it's from the American Trial Lawyers Association, which is a bit biased.

Here's a "fact sheet" put together by me, a much more reliable source.

1) Coffee has to be brewed between 185 and 205 degrees for proper flavor. 140 degrees (which is hot tap water) and you've got brown water.

2) Seven hundred complaints in 10 years from a company which serves billions of cups a week is not significant.

3) It's easier to let hot coffee cool than to heat up cold coffee.

4) If you're an old lady, even 140 degree water will give you third degree burns. Sucks to be old.

5) "The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin." So sue the sweatpant manufacturer too.

tw 02-08-2004 11:43 AM

Quote:

Originally posted by wolf
I checked the temp on the tea at the conclusion of steeping ... 'twas 185°F. When the tea hits the leaves initially, it's at boiling temperature ... has to be, for the correct flavor release.
Not true. Some of the best tea is sun tea? Brewed only in the heat of sun. Being brewed cooler, it does not leach out the bad things into tea.

Dognuts does serve their coffee too hot. Standard procedure is to ask for ice cubes. They even have cups for the ice requests because so many people must ask for ice.

Yes hot coffee will burn skin, even on old ladies in sweat pants. But even hot coffee in sweat pants should not remove muscle. That detail is the major difference between MacDonalds old coffee and current coffee. It took a lawsuit to fix defective MacDonalds management.

Underlying this discussion is the question of jury verdicts. After the trial, I took this complaint to the judge. Jury is denied any written facts. Jury cannot even have a written copy of the Judge's charge - the directions necessary to form a verdict. Judge said the state Supreme Court says they don't want a jury to have information. Lawyers fear that a smart jury member will use written facts to manipulate the jury (as the Judge explained that Supreme Court decision). And so we found ourselves making decisions only on perceived and therefore emotionally biased facts. We even invented a dollar number only because it sounded good. Facts or logical basis on which that number was created - be damned. We just kept running the number up as if it was an auction - without any facts to base a number on.

MacDonalds verdict is hyped by self serving corporations rather than addressing a real problem in jury trials. Jury is denied basic written material necessary to make a decision - such as trial transcripts. We could not even take notes. We had to invent from memory the seven requirements in that jury charge because those seven necessary facts (from the charge) were not permitted inside the jury room.

MacDonalds got its just due. But lawyers fear to trust a jury with specific facts. More important to have a jury's 'feelings' rather than the fact dominate a jury deliberation. Does an OJ Simpson trial come to mind?

wolf 02-08-2004 11:51 AM

Quote:

Originally posted by tw
Not true. Some of the best tea is sun tea? Brewed only in the heat of sun. Being brewed cooler, it does not leach out the bad things into tea.
If I wanted room temperature tea, I would make room temperature tea.

Hot tea needs to be brewed hot.

Quote:

Dognuts does serve their coffee too hot. Standard procedure is to ask for ice cubes. They even have cups for the ice requests because so many people must ask for ice.
What the heck is Dognuts? Or are you making fun of McDonalds or Dunkin Donuts? Standard procedure to ask for ice cubes?? If it's that's standard, I haven't seen it happen and I've been in a restaurant or two. The "Courtesy Cups" are just that ... meant to be provided to customers as a courtesy who either aren't getting a beverage and want to drink tap water or for the occasional ice request. You may have noticed that they are smaller than the smallest drink cup ... it's so that the frebbie cups don't come out of inventory. (customer reaction to being charged for the full size cups was pretty bad, which is why many restaurants have the 'courtesy' size.) It's not just because their 'coffee is too hot'.

OnyxCougar 02-08-2004 06:00 PM

Quote:

Originally posted by tw
Not true. Some of the best tea is sun tea? Brewed only in the heat of sun. Being brewed cooler, it does not leach out the bad things into tea.

No, sun tea is garbage. Some of the best brewed tea in the world is chinese tea, served STILL BOILING in the pot.

In addition, look on a package of QUALITY teas from around the world, and you will see in the directions to pour boiling water over the tea leaves, steep for 3-5 minutes, then drain the leaves OR to put the leaves in the water and boil with the leaves in.

"sun tea" is weaker than "real tea" because (1) it's not brewed with boiling water and (2) it's diluted. Tea leaves release their oils and therefore flavor best at boiling temperature.


Quote:


Yes hot coffee will burn skin, even on old ladies in sweat pants. But even hot coffee in sweat pants should not remove muscle. That detail is the major difference between MacDonalds old coffee and current coffee.


Put ANY hot thing (liquid or solid) against the body for long enough and it will burn badly. The sweatpants acted like a sponge and held that hot liquid to her skin. If the coffee had spilled on to her bare skin, yes, it may have burned her, but not to the extent she was burned due to the sweatpants' soaking up the hot liquid, and subsequent sticking to her skin.

Coffee is hot. You think I'm going to slurp up a Starbuck's the second I get it? No. Why? BECAUSE IT'S HOT. Am I gonna put it between my legs because I'm too friggin lazy to hold it in my hand or wait to "fix it up" until I can set it on a STABLE surface? No. Why? BECAUSE IT'S HOT.

Stupid people are suing because they can find attorneys that understand that this country is filled with stupid people that don't think for themselves.

Next we're gonna see a lawsuit because ice cream was too cold and there were no warning labels, so that epileptic seizure was brought on by the brain freeze and by god, Ben and Jerry's needs to pay!!!

lumberjim 02-08-2004 09:40 PM

Quote:

Originally posted by tw
Not true. Some of the best tea is sun tea? Brewed only in the heat of sun. Being brewed cooler, it does not leach out the bad things into tea.

Dognuts does serve their coffee too hot. Standard procedure is to ask for ice cubes. They even have cups for the ice requests because so many people must ask for ice.

Yes hot coffee will burn skin, even on old ladies in sweat pants. But even hot coffee in sweat pants should not remove muscle. That detail is the major difference between MacDonalds old coffee and current coffee. It took a lawsuit to fix defective MacDonalds management.

Underlying this discussion is the question of jury verdicts. After the trial, I took this complaint to the judge. Jury is denied any written facts. Jury cannot even have a written copy of the Judge's charge - the directions necessary to form a verdict. Judge said the state Supreme Court says they don't want a jury to have information. Lawyers fear that a smart jury member will use written facts to manipulate the jury (as the Judge explained that Supreme Court decision). And so we found ourselves making decisions only on perceived and therefore emotionally biased facts. We even invented a dollar number only because it sounded good. Facts or logical basis on which that number was created - be damned. We just kept running the number up as if it was an auction - without any facts to base a number on.

MacDonalds verdict is hyped by self serving corporations rather than addressing a real problem in jury trials. Jury is denied basic written material necessary to make a decision - such as trial transcripts. We could not even take notes. We had to invent from memory the seven requirements in that jury charge because those seven necessary facts (from the charge) were not permitted inside the jury room.

MacDonalds got its just due. But lawyers fear to trust a jury with specific facts. More important to have a jury's 'feelings' rather than the fact dominate a jury deliberation. Does an OJ Simpson trial come to mind?

tw, are you intimating that YOU were on that jury?

perth 02-09-2004 09:20 AM

I'm sure it doesn't even matter to anyone at this point, but we are (were) talking holding temperature, not brewing temperature. Theoretically, the liquid is cooling off a bit during and after brewing.

wolf 02-09-2004 10:00 AM

My temperature result was immediately before the pour, rather than the brewing temp. Next time I make a pot I can take that one too.

lumberjim 02-09-2004 10:04 AM

I think i may have earned a spot on tw's ignore list. Would someone else please ask him if he's saying he was on that jury. Or am i missreading his post?

slang 02-09-2004 12:14 PM

Quote:

Originally posted by lumberjim
Would someone else please ask him if he's saying he was on that jury.
I would but hes on my ignore list.

wolf 02-09-2004 12:21 PM

Quote:

Originally posted by lumberjim
I think i may have earned a spot on tw's ignore list. Would someone else please ask him if he's saying he was on that jury. Or am i missreading his post?
Don't be silly. TW hasn't left his house in 20 some years ...

edit to add: The infamous Stella was from Albuquerque, NM. TW is not, therefore no.

N.B. As much fun as it is to say, "Albuquerque" is a bitch to spell.

xoxoxoBruce 02-09-2004 05:37 PM

I think he meant he was on a jury for a similar type trial.

tw 02-09-2004 06:28 PM

Quote:

Originally posted by lumberjim
tw, are you intimating that YOU were on that jury?
MacDonalds verdict is also hyped by self serving corporations rather than addressing a real problem in jury trials. Does that modified sentence eliminate intimation in that post?

For the loss of a word, an intimation was not lost. Bad poetry.

lumberjim 02-09-2004 06:33 PM

oh. ok. this part is what had me confused:
Quote:

After the trial, I took this complaint to the judge. Jury is denied any written facts. Jury cannot even have a written copy of the Judge's charge - the directions necessary to form a verdict. Judge said the state Supreme Court says they don't want a jury to have information. Lawyers fear that a smart jury member will use written facts to manipulate the jury (as the Judge explained that Supreme Court decision). And so we found ourselves making decisions only on perceived and therefore emotionally biased facts. We even invented a dollar number only because it sounded good. Facts or logical basis on which that number was created - be damned. We just kept running the number up as if it was an auction - without any facts to base a number on.
i thought you were speaking in the 1st person about the mcD's case.

:rolleyes:

tw 02-09-2004 06:35 PM

Quote:

Originally posted by lumberjim
I think i may have earned a spot on tw's ignore list.
I have none, nor should I ever need (and this is not a challenge to anyone) an ignore list. In fact, I find the need for such tools among us little people to be silly. Now if i were Susan Smith, well, that ignore list might be useful.

tw 02-09-2004 06:46 PM

Quote:

Originally posted by wolf
The "Courtesy Cups" are just that ... meant to be provided to customers as a courtesy who either aren't getting a beverage and want to drink tap water or for the occasional ice request. You may have noticed that they are smaller than the smallest drink cup ... it's so that the frebbie cups don't come out of inventory.
Dognuts (as we called it) only recently instituted those tiny cups for ice. Much too small as a cup of water. Cup only holds a few ice cubes; or a shot of bourbon. So many people would ask for ice that some years ago, Dognuts finally began using those small 'ice' (or courtesy) cups.

poohbearbeth 02-09-2004 08:42 PM

so sue me
 
everyone is in a big frenzy to sue the jacksons===
let'
s sue baby sister too
OY:violin: :violin: :vomit:

xoxoxoBruce 02-09-2004 09:10 PM

Quote:

After the trial, I took this complaint to the judge.
Has this not been explained or did I miss it?:confused:

poohbearbeth 02-09-2004 09:17 PM

opps
 
sorry---veered off track :(
please forgive:o

xoxoxoBruce 02-09-2004 09:39 PM

That's OK. Warch, being a weaver, is the only one that can keep these threads straight.:)

dar512 02-10-2004 04:24 PM

The suit has been withdrawn.

OnyxCougar 02-10-2004 04:38 PM

1 Attachment(s)
Can you say settlement?

And by the way....in the "who's next?" department....

lumberjim 02-10-2004 04:44 PM

NICE WORK, BUT WHERE'S THE GOTH PASTIE?

lumberjim 02-10-2004 04:45 PM

would you think i was weird if i said i was vaguely aroused by that pic?

wolf 02-11-2004 12:46 AM

Not just because of your reaction to the picture, no.

It's more of a confirmatory event.


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